The ruling was in response to a lawsuit brought by the Log Cabin Republicans on behalf of its members discharged under the military’s anti-gay policy.

“It again must be noted that Defendants called no witnesses, put on no affirmative case, and only entered into evidence the legislative history of the Act,” Phillips wrote in September. “This evidence … does not suffice to show the Act’s restrictions on speech are ‘no more than is reasonably necessary’ to achieve the goals of military readiness and unit cohesion.”

Full copy of the ruling below:

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