Court orders US to stop gay military ban

A federal judge ordered the US government Tuesday to immediately suspend a law barring gays from serving openly in the military, in a move hailed by activists battling to end the ban.

District Judge Virginia Phillips backed those who want the ban lifted, including Defense Secretary Robert Gates.

"The act known as Don't Ask, Don't Tell infringes the fundamental rights of US ser-vice members and prospective service members," she said.

The 17-year policy also violates due-process rights guaranteed under the Fifth Amendment to the US Constitution, and the rights to freedom of speech guaranteed by the First Amendment, she said.

She ordered the US administration "immediately to suspend and discontinue any investigation, or discharge, separation or other proceeding, that may have been commenced" under the policy.

The ruling was immediately hailed by Servicemembers United, which bills itself as the biggest US group for gay and lesbian soldiers and veterans.

"This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking," said Alexander Nicholson, executive director of Servicemembers United.

"It is not a question of whether it will end, but the process by which it will end," White House spokesman Robert Gibbs said Wednesday.

In the run-up to November midterm elections, polls have shown overwhelming US public support for ending the policy.

AFP