(News One) – A federal judge on Thursday declared the U.S. military’s ban on openly gay service members unconstitutional and said she will issue an order to stop the government from enforcing the “don’t ask, don’t tell” policy nationwide. U.S. District Judge Virginia Phillips said the ban violates the First and Fifth Amendment rights of gays and lesbians. “Don’t ask, don’t tell” prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base.

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