The ongoing policy to ban soldiers from professing the love that once dare not speak its name - in the Military, at least - was struck down on Thursday by a Federal Judge in Southern California.
In so many words, Her Honor - Judge Virginia Phillips - declared that the Government's - "Don't ask, Don't tell" - policy was unconstitutional because it violated the 1st Amendment rights of gays and lesbians.
Although Phillips granted an injunction to halt the long-standing policy, that will not be the end of it, according to a spokesperson at the White House.
Naturally, the U.S. Department of Justice will lodge an appeal in a higher court, and a whole new round of legal wranglings will commence with God speed.
Judge Phillips asserted that the controversial policy (enacted when Bill Clinton was in Office at the White House) did not help military readiness - but rather - had a direct and deleterious effect on the armed services.
The injunction push - the biggest of its kind in recent years - was brought by the Log Cabin Republicans which is purported to be the largest political organization for gays in the GOP.
The membership currently stands at approximately 19, 000.
The Executive Director - R. Clarke Cooper - was understandably elated at the outcome of the litigation at its current phase.
"As an American, a Veteran, and an Army reserve officer, I am proud that the court ruled that the arcane - "Don't ask, Don't tell" - statute violates the constitution," he beamed on the heels of the ruling.
He also took the occasion to note that the ruling was not just a big win for Log Cabin Republicans, but for all American Service members.
Government legal eagles responded quickly by asserting that Judge Phillips lacked the authority to issue a Nationwide injunction, however.
The policy - arcane or no - should be decided by Congress they sniffed.
The - "Don't ask, Don't tell" - policy prohibits the military from quizzing soliders about their sexual orientation and requires a discharge of those who acknowledge being gay (or who have been discovered to have engaged in homosexual activity on-or-off base).
The U.S. House voted in May to repeal the policy and the Senate - if you believe what those who have their ears close to the wall say - is expected to follow suit in the next few months.
In that event, all pending litigation on the issue would be rendered "moot".
Rainbow Prez
(he's the one who didn't inhale)
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