Patt Morrison for September 10, 2010
Don’t ask don’t tell ruled unconstitutional, will the feds challenge it?
Brendan Smialowski/Getty Images
The battle against "don't ask, don't tell" in the military still wages on
For months, the Pentagon and the White House have been talking about wanting to end the Don't Ask, Don't Tell policy that bans gay men and women from serving openly in the United States military. Yesterday U.S. District Judge Virginia Phillips ruled the policy unconstitutional, declaring, "The act discriminates based on the content of the speech being regulated… It distinguishes between speech regarding sexual orientation, and inevitably, family relationships and daily activities, by and about gay and lesbian servicemembers, which is banned, and speech on those subjects by and about heterosexual servicemembers, which is permitted." The ruling will go into effect immediately unless the government files a petition for a hearing. If the government does so and loses to the famously liberal 9th U.S. Circuit Court of Appeals, the case goes straight to the Supreme Court. But will this administration challenge the ruling? And if not, could this be the final end to the long-debated policy?
Guest:
Dan Woods, lead attorney for the Log Cabin Republicans’ federal challenge to the constitutionality of Don’t Ask, Don’t Tell


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