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RIVERSIDE, Calif. – A federal judge in Southern California has declared the U.S. military's ban on openly gay service members unconstitutional. U.S. District Judge Virginia Phillips on Thursday granted a request for an injunction halting the government's "don't ask, don't tell" policy for gays in the military. Phillips says the policy doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services.