THE TELEGRAPH: The ban on openly homosexual troops serving in the United States military was suspended, in what is seen as a victory for gay rights campaigners.
A judge in California ordered a worldwide injunction against the enforcement of the "Don't Ask, Don't Tell" law, which forced the expulsion of homosexual troops whose sexuality was disclosed.
The judge, Virginia Phillips, ruled last month that the 17-year-old rule was unconstitutional, as it violated America's First and Fifth Amendments, which guarantee free speech and proper legal process.
On Tuesday she rejected an attempt by the Government to limit this to military personnel who were members of the Log Cabin Republicans, a pro-gay rights group that filed the lawsuit against the rule.
Government lawyers had argued that an abrupt reversal of the rule could harm military operations at a time of war.
But Judge Phillips said the rule itself had a "direct and deleterious effect" on the armed forces because it damaged recruiting efforts during wartime and forced the discharge of valuable troops.
She said that the Log Cabin group had shown that the rule "irreparably injures servicemembers by infringing their fundamental rights" and therefore must be applied to US troops everywhere.
Dan Woods, a lawyer for the group, said: "The order represents a complete and total victory for the Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the military who are fighting and dying for our country."
The ruling comes soon after another federal judge, in Tacoma, Washington, ruled that a flight nurse discharged from the US Air Force for being homosexual should be reinstated. Read on and comment >>> Jon Swaine, New York | Wednesday, October 13, 2010
