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Has a federal judge struck the final blow against the military’s ban on openly gay and lesbian servicemembers, or will an appeal and an opposed Senate mean it will linger, perhaps for years?

U.S. District Court Judge Virginia A. Phillips ruled Thursday that the “Don’t Ask, Don’t Tell” (DADT) policy is unconstitutional, violating the First and Fifth Amendments (freedom of speech and due process). In her 85-page opinion (found here), she wrote, “the effect of [DADT] has been, not to advance the Government’s interests of military readiness and unit cohesion, much less to do so significantly, but to harm that interest.” She will issue a permanent injunction barring enforcement of the policy.

The case was brought by the Log Cabin Republicans (LCR), who advocate within the GOP for gay and lesbian rights. A repeal of DADT, they say on their Web site, helps further the core Republican principle of a strong national defense.

Now, LCR must submit language for the injunction by September 16. The U.S. Department of Justice, which opposed LCR in the case, then has seven days to submit objections.

Will there be an appeal? I’d bet on it. That’s why we cannot be complacent in attacking the policy on a legislative front as well. Aubrey Sarvis, Army veteran and executive director of Servicemembers Legal Defense Network (SLDN), said of the ruling, ”We’re pleased by the judge’s decision, but this decision is likely to be appealed and will linger for years.  Congress made the DADT law 17 years ago and Congress should repeal it. The Senate will have the opportunity to do just that this month and most Americans think the Senate should seize it.”

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