A judge’s order against the military’s “don’t ask, don’t tell” policy seeks to restore the rights of gay service members. By ending an unfair and counterproductive policy, it also may improve the armed forces.

Federal Judge Virginia A. Phillips wrote that the 17-year-old law violates service members’ rights of due process and free speech. And as she noted in an earlier ruling, the policy has driven out key personnel for no offense other than acknowledging who they are.

The intent of the law was to recognize that homosexuals can serve their country efficiently and without problems. Unfortunately, aggressive enforcement often conflicted with that goal.

The Pentagon has shown a willingness to abandon this approach, pending completion of a Defense Department study. A bill to repeal the law passed in the U.S. House, but it was unanimously blocked by Senate Republicans.

This week’s decision, however, could settle the matter. Phillips’ decision, effective immediately, not only ends the policy, but calls off all pending investigations and discharge proceedings.

Critics, of course, are denouncing what they see as ill-informed judicial activism. But the judicial research in this case does a good job of showing how a well-intentioned policy created impossible situations both for gay personnel and their commanding officers. Service members frequently became victims of dirty tricks, unwarranted investigations and their own honesty.

After November, Congress may be even less inclined to address the failings of “don’t ask, don’t tell,” but the administration can close the door on the policy by simply choosing not to appeal.

— Questions? Comments? Contact Managing Editor Nick Cowenhoven at nickc@journaltribune.com.