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A Blog by Gary Wright II

Federal court rules Don't Ask, Don't Tell is unconstitutional

Thursday, September 9th, 2010

I just finished reading the 86 page court ruling today on Case # CV 04-08425-VAP in California Central District Federal Court. The court testimony tells the stories of six brave men and women who were victims of the military policy of Don't Ask, Don't Tell (DADT). Each of these soldiers are highly qualified and have exemplary records of service to our country.

Today District Judge Virginia A. Phillips ruled that the military policy of Don't Ask, Don't Tell (DADT) is unconstitutional under the First and Fifth Amendments of the Constitution. The First Amendment guarantees the rights to "freedom of speech, association, and to petition the government" and the Fifth Amendment guarantees the right to "substantive due process." An earlier court ruling found that DADT did not violate the Equal Protection Clause.

For Don't Ask, Don't Tell Act to survive the constitutional challenge: First, it must advance an important governmental interest. Secondly, the intrusion must significantly further that interest. And third, the intrusion must be necessary to further that interest. The court found that DADT does not "significantly further the government's interests in military readiness or unit cohesion."

In addition to a proposed judgement, the court is expected to issue a permanent injunction barring further enforcement of the DADT policy on September 16th.

I will keep you updated....

Best regards,

-- Gary Wright II

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