Federal judge strikes down 'Don't Ask, Don't Tell'

Days later, Sen. Reid schedules Senate hearing for repeal

RIVERSIDE, Calif. - U.S. District Judge Virginia Phillips in Riverside, Calif, struck down the military's "Don't Ask, Don't Tell" ban on open gays in the military Sept. 9.

Phillips found that the ban violates the U.S. Constitution's guarantees of free speech and due process under the First and Fifth Amendments.

"The 'Don't Ask, Don't Tell' Act infringes the fundamental rights of United States servicemembers in many ways," Phillips wrote in her 86-page opinion. "The act denies homosexuals serving in the Armed Forces the right to enjoy 'intimate conduct' in their personal relationships. The act denies them the …