A judge has ruled that the US military’s “Don’t Ask, Don’t Tell” ban on gay and lesbian service members is unconstitutional.

According to the LA Times, District Court Judge Virginia A. Phillips, ruled that the policy violates the rights of gays and lesbians.

She also said that the evidence showed that “Don’t Ask, Don’t Tell” has had a “direct and deleterious effect’’ on the military.

Phillips further intends issuing an injunction to stop the government from enforcing the ban.

The newspaper reported that the US Department of Justice would appeal the ruling and the injunction.

Despite President Obama promising to end the military ban this year, the Department of Justice continues to vigorously defend the policy in court.

The military has been undertaking surveys of its personnel on the subject of serving with openly lesbian and gay colleagues; a process which has been criticised as flawed and homophobic.

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