Another California Court Rules Against Military Gay Ban
September 13, 2010 by Special To Personal Liberty
In the most recent challenge to the "don’t ask, don’t tell" policy, a Federal judge in Riverside, California confirmed an earlier ruling from a San Francisco court that the act violates the Fifth and First Amendments to the United States Constitution and should not be enforced.
"The sweeping reach of the restrictions on speech in the "don’t ask, don’t tell" act is far broader than is reasonably necessary to protect the substantial government interest at stake here," said U.S. District Judge Virginia Phillips, quoted by CNN.
The suit was formally filed against the Federal government. As such, the government is expected to ask for an injunction to prevent it from going into effect as appeals continue. Depending on the outcome, the next step will be to hear the case again in the 9th Circuit U.S. Court of Appeals and, possibly, in the Supreme Court, the news provider reports.
Among the opponents of the ruling, Family Research Council President and Marine veteran Tony Perkins said this was a decision for Congress to make, and added that "once again, homosexual activists have found a judicial activist who will aid in the advancement of their agenda."