military ban on gays
Phillips had earlier ruled the ban unconstitutional in a case called Log Cabin Republicans v. United States of America, in which the gay rights group sued the government for violating the rights of gay military members to free speech and open association.
But the government argued that the policy was necessary to advance a legitimate government interest.
Last month, U.S. Senate blocked the repeal of the military gay ban in a procedural vote, a major setback for gay rights proponents.
A U.S. federal judge on Tuesday ordered the military to stop enforcing the "don't ask, don't tell" policy, which bans gays from serving the military openly.
Virginia Phillips, federal judge of the U.S. District Court for the Central District of California, issued an injunction, ordering the military "immediately to suspend and discontinue any investigation, or discharge, separation or other proceeding, that may have been commenced under the 'Don't Ask, Don't Tell' Act."
The ban, which was introduced as a compromise measure in 1993 by then-President Bill Clinton, prohibits homosexuals to serve openly in the military, and is a major contentious issue in U.S. politics.
"The act known as 'Don't Ask, Don't Tell' infringes the fundamental rights of United States servicemembers and prospective servicemembers," said the judge.
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