March 26, 2017

Don’t Ask, Don’t Tell Struck Down

A District Court Judge has struck down the “don’t ask, don’t tell” military policy and ruled the policy is unconstitutional. In the 86-page ruling [.pdf], Judge Virginia Phillips cites violations of the First Amendment, on the basis of the right to assembly, speak, and petition the government, as well as the Fifth Amendment, which grants individuals due process against the federal government. The ruling has not yet taken effect, but court hearings for an injunction will be held over the next two weeks.

The “don’t ask, don’t tell” policy prevents gay and lesbian service members from discussing their sexual orientation, or else they are discharged from the military. Over 13,000 service members have been discharged for violating the 1993 policy.

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