'Don't Ask, Don't Tell' Ruled Unconstitutional

A federal judge in Riverside has declared the U.S. military's ban on openly gay service members unconstitutional.

U.S. District Judge Virginia A. Phillips issued an immediate injunction against the government's ''don't ask, don't tell'' policy for lesbians and gay men serving  in the military, finding in part that it "harms rather than furthers the government's interest in military readiness."

Phillips ruled that the policy violates the First Amendment rights of gays and lesbians.

The reaction among gay rights advocates was swift and jubilant.

"As an American, a veteran and an Army reserve officer, I am proud the court ruled that the arcane 'don't ask, don't tell' statute violates the Constitution," R. Clarke Cooper, executive director of the Log Cabin Republicans, which brought the suit in 2004, said in a statement. 

"Today, the ruling is not just a win for Log Cabin Republican service members, but all American service members."

Dan Woods, lead attorney for the case and partner at White & Case, concurred. 

"This is a major victory in the fight for equality and means that military service will be available to all Americans, regardless of their sexual orientation," Woods said in a statement. 

The case went to trial in July 2010 before the United States District Court of the Central District of California.

In August, members of the Log Cabin Republicans reached out to residents of West Hollywood for support in their lawsuit.

An appeal by the U.S. Justice Department is expected. Phillips' ruling can be found here.

City News Service contributed to this report.