I have to agree with this Federal Judge that Don’t ask, Don’t tell is unconstitutional and it violates the rights of Gays, lesbian and intersex people under the first and fifth amendment rights of the US Constitution. The Us military failed to show the burden of proof that having gays or even intersex people will hinder military readiness or unit operations. I like what the judge said and this is what the judge said in her ruling
The don’t ask, don’t tell act infringes the fundamental rights of United States service members in many ways,” she wrote. “In order to justify the encroachment on these rights, defendants faced the burden at trial of showing the don’t ask, don’t tell act was necessary to significantly further the government’s important interests in military readiness and unit cohesion. Defendants failed to meet that burden.
My opinion, I believe this ruling will force the US military to end Don’t Ask and Don’t tell. I believe by the end of 2011 that Gays, lesbian and Intersex people will be allowed to serve openly. I personally believe that the will be forced US military will allow intersex people such as myself to serve openly. Though I won’t hold out any hope because as of right now, Intersex people are still banned from serving in the Us Military. I’m just going to wait and see what happens before I ever consider joining the Military as an intersex person.
- Judge: Military’s ban on gays is unconstitutional (sfgate.com)
- “The ‘don’t ask, don’t tell’ policy toward gay members of the military is unconstitutional, a federal judge has ruled.” (althouse.blogspot.com)
- U.S. Military’s Policy on Gays Ruled Unconstitutional (businessweek.com)