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Don't Ask, Don't Tell declared unconstitutional

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Until last week, I was completely unaware that the Log Cabin Republicans had filed suit in Federal court in California to get Don't Ask, Don't Tell overturned.

Jay H told me last week that the court had ruled against DADT. (Decision is an 85-page PDF file.) I'm delighted.

I haven't read the full ruling yet, but I'm struck by this bit from near the end: “Defendants called no witnesses, put on no affirmative case, and only entered into evidence the legislative history of the Act.” That's not the only reason that LCR won; the judge concluded that “the Act restricts speech more than reasonably necessary to protect the Government's interests.” But it surely helps when the government doesn't try to seriously defend the policy. I've been annoyed with the current administration for defending various anti-gay policies in court despite claiming not to agree with them; I'm glad to see such a minimal defense mounted in this case.

I'm guessing there will be an appeal, but anti-DADT US senators Kirsten Gillibrand (NY) and Mark Udall (CO) have now asked the DOJ not to appeal. No idea whether that request will have any effect; I'm assuming not, but I'm pleased by it anyway.

For a summary of the trial and the ruling, see Wikipedia's article on Log Cabin Republicans v. United States of America.

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