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‘Don’t ask, don’t tell’ unconstitutional, U.S. judge rules

 The military's "don't ask, don't tell" policy is unconstitutional, a California federal judge has ruled.

The policy, enacted under President Bill Clinton, bars gay men and women from serving openly in the military. 

Local news blog SFist reported the lawsuit was brought by the Log Cabin Republicans, a group of gay Republicans. Six military officers testified at the trial about being discharged because of the policy. 

The judge ruled the policy violates the First and Fifth Amendments, according to CNN. 

"The act discriminates based on the content of the speech being regulated," U.S. District Judge Virginia Phillips wrote in her 86-page ruling Thursday. "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 government can appeal the ruling, but hasn't indicated what it plans to do, according to The Associated Press. The U.S. Department of Justice said attorneys were reviewing the case. President Barack Obama has said he will work to repeal the policy. Defense Secretary Robert Gates and Joint Chiefs of Staff Chairman Adm. Mike Mullen are in favor of repealing the policy, but want to wait until the military has completed a review on the policy before any change occurs.