A US federal judge ruled that a decorated flight nurse discharged from the Air Force for being gay should be given her job back as soon as possible in the latest legal setback to the military's "don't ask, don't tell" policy.
The decision by US District Judge Ronald Leighton came in a closely watched case as a tense debate was played out over the policy.
Senate Republicans blocked an effort to lift the ban this week, but Mr Leighton is now the second federal judge this month to deem the policy unconstitutional.
Major Margaret Witt was suspended in 2004 and subsequently discharged under the "don't ask, don't tell" policy after the Air Force learned she was in a long-term relationship with a civilian woman. She sued to get her job back.
Mr Leighton hailed her as a "central figure in a long-term, highly charged civil rights movement". Tears streaked down Maj Witt's cheeks and she hugged her parents, her partner and supporters following the ruling.
"Today you have won a victory in that struggle, the depth and duration of which will be determined by other judicial officers and hopefully soon the political branches of government," the judge told her, choking up as he recalled Maj Witt's dramatic testimony about her struggles.
The ruling was the second legal victory this month for opponents of "don't ask, don't tell," and it throws the law into further disarray.
Barring an appeal, Maj Witt will now be able to serve despite being openly gay, and a federal judge in California earlier this month ruled the law unconstitutional and is considering whether to immediately halt the ban.
While such an injunction would prevent openly gay service members from being discharged going forward, it would not do anything for those who have already been dismissed.
Maj Witt's attorneys, led by the American Civil Liberties Union of Washington, said her case now provides a template for gays who have been previously discharged to seek reinstatement.
Gay rights advocates say that if the government must justify each firing under "don't ask," it will mean a slow death for the policy - even if an outright repeal isn't endorsed by Congress or the courts.
The 1993 law prohibits the military from asking about the sexual orientation of service members, but allows the discharge of those who acknowledge being gay or are discovered engaging in homosexual activity.
The Justice Department did not immediately comment on the ruling, but James Lobsenz, Maj Witt's attorney, said he expected an appeal.