In July 2010, U.S. District Judge from California Virginia Phillips cited the military policy of "Don't Ask, Don't Tell" as an unconstitutional violation of the First and Fifth Amendments.
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UPDATE: Does 'Don't Ask Don't Tell' Violate Constitutional Rights?

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In July 2010, U.S. District Judge from California Virginia Phillips cited the military policy of "Don't Ask, Don't Tell" as an "unconstitutional violation of the First and Fifth Amendments, our rights of free speech and due process." In her ruling, Judge Phillips noted that gay and lesbian military service members must be given the same constitutional rights as afforded to all American citizen.

The 2010 ruling on "Don't Ask, Don't Tell" also cited creating and facilitating a greater military readiness, stating that discharging valuable service members due to sexual orientation robs the military of critical skills needed during wartime such as language fluency, military intelligence, weapons development skills, and medical skills.

A HISTORY OF HUSH-HUSH IN THE MILITARY

"Don't Ask, Don't Tell" is a military policy with a history of antipathy toward homosexuals in the military. Introduced by the Clinton administration in 1993, "Don't Ask, Don't Tell" (DADT) was originally proposed as a compromise to Reagan and Truman's 'Uniform Code of Military Justice' signed in 1950: a strict policy of incompatibility between homosexuals and the military.

The 'compromise' has proven to be a "wolf in sheep's clothing," earning the amended title "Don't Ask, Don't Tell, Don't Pursue, Don''t Harass" as incidents of violent military crimes citing homophobia as their cause were brought to litigation.

Under "Don't Ask, Don't Tell" policy, military officers are restricted from asking the sexual orientation of a service member ("Don't Ask"), service members are protected against having to reveal their sexual identity ("Don't Tell"). Minimum requirements are established for investigation into violations of these rights ("Don't Pursue").

DON'T ASK DON'T TELL ON TRIAL

In July 2010, the case against "Don't Ask, Don't Tell" was challenged in court by the Log Cabin Republicans, a gay civil rights group, citing DADT as a violation of constitutional rights. Legal suit was first brought in 2004, and after being dismissed, was was filed in 2006 as a First Amendment violation.

Testimonies given by several decorated military officers cited dishonorable discharges for many who had served honorably in Iraq and Afghanistan, but were accused with evidence (legally or illegally obtained) of living a homosexual lifestyle.

THE FUTURE OF CIVIL EQUALITY IN THE MILITARY

The future of military policy toward homosexuals holds the potential for positive social change and greater respect for American values of freedom and liberty for all. Final repeal of "Don't Ask Don't Tell" could be the initial move towards greater tolerance for homosexual lifestyle, an end to a history of sexual segregation within the military, and still more: proponents insist that the repeal of DADT would constitute one large step towards not only promoting tolerance for sexual orientation within the military, but encouraging the military to examine other issues within the military code of conduct regarding equal rights.



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