SAN FRANCISCO (CNN) - A California Superior Court judge Monday ruled against the military's "don't ask, don't tell" policy on gays and ordered the California National Guard to open its ranks to all people, regardless of sexual orientation.

Judge David Garcia, said in his ruling that the California National Guard violates the rights of gays, lesbians and bisexuals under the California Constitution by banning them from service under "don't ask, don't tell."

"This is a total victory for the gay, lesbian and bisexual community," said Lt. Andrew Holmes, the decorated officer who brought a class-action suit against the California National Guard over his discharge in 1995. He told a superior officer about his sexual orientation in a memo.

"I'm thrilled that the court has upheld the rights of gay men and lesbians. The guard must now open state active duty jobs to everyone, regardless of sexual orientation."

Garcia's order said the Equal Protection Clause of California's constitution prohibited the state National Guard from barring members who had been discharged from federal military service under "don't ask, don't tell."

Specifically, he ordered the state military organization to stop treating such federal discharges as "for cause" terminations -- a policy which equates dismissals for sexual orientation with those for criminal behavior.

California National Guard spokesman Lt. Col. Doug Hart said the organization planned to appeal the judge's decision, which he said ignored the legal obligation of the National Guard to follow the Pentagon's lead.

"We will definitely appeal," Hart said. "I am unclear as to what he wants us to do. We are obligated by federal law to follow the federal guidelines for the National Guard."

But gay rights supporters were upbeat, saying Garcia's decision was an important strike against the controversial "don't ask, don't tell, don't pursue" federal policy on gays in the military.

That policy allows homosexuals to serve in the military, but continues the long-time ban on homosexual acts and requires gay and lesbian service members to keep their sexual orientation private.

Holmes' attorney, Elizabeth Scott, said the ruling ends the California military's practice of treating "don't ask, don't tell" discharges as "for cause" discharges.

That means that such discharges are now purely administrative, or benign, and a person who has been discharged from the California National Guard on the basis of sexual orientation can reapply for the Guard in a state capacity -- but cannot be activated to federal duty, Scott said.

Those who choose to return to the guard in a capacity with the state are protected on California law from discrimination, Scott said.

The Associated Press and Reuters contributed to this report.

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