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A federal judge in Riverside declared the U.S. military’s ban on openly gay service members unconstitutional Thursday, saying the “don't ask, don't tell” policy violates the 1st Amendment rights of lesbians and gay men.

U.S. District Court Judge Virginia A. Phillips said the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military.

Phillips issued an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision. Link

As much as that delights me, I bet that the Department of Justice will appeal. What an irony - the Republicans contributed to this ruling while Obama's Democratic government who promised to stop DADT will appeal for sure. I don't know if I can be any more disappointed in Obama and I had such high hopes for him...

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