Judge Phillips ruled that the plaintiffs had proven to her satisfaction that the military policy does not "significantly further" the government's interests and, indeed, undercuts those interests. She wrote:
. . . by impeding the efforts to recruit and retain an all-volunteer military force, the Act contributes to critical troop shortages and thus harms rather than furthers the Government's interest in military readiness;
by causing the discharge of otherwise qualified service members with critical skills such as Arabic, Chinese, Farsi, and Korean language fluency; military intelligence; counterterrorism; weapons development; and medical training, the Act harms rather than furthers the Government's interest in military readiness;
by contributing to the necessity for the Armed Forces to permit enlistment through increased use of the "moral waiver" policy and lower educational and physical fitness standards, the Act harms rather than furthers the Government's interest in military readiness;
Defendants' actions in delaying investigations regarding and enforcement of the Act until after a service member returns from combat deployment show that the Policy is not necessary to further the Government's interest in military readiness or unit cohesion;
by causing the discharge of well-trained and competent service members who are well-respected by their superiors and subordinates, the Act has harmed rather than furthered unit cohesion and morale;
the Act is not necessary to protect the privacy of service members because military housing quarters already provide sufficient protection for this interest.
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