The military’s “don’t ask-don’t tell” policy has been on and off the books as the Obama administration works to end the law while at the same time fights a court battle because of a lawsuit by the gay rights organization, the Log Cabin Republicans, which sued the Justice Department to stop the policy’s enforcement immediately.
The U.S. 9th Circuit Court of Appeals, in a July 6 ruling on the lawsuit, ordered the 17-year policy be immediately halted.
The Department of Justice filed an emergency motion Thursday asking the court to reconsider its order, saying ending the ban now would pre-empt the “orderly process” for rolling back the policy as outlined in the law passed and signed by the president in December.
Late Friday the court temporarily reinstated it, while prohibiting any investigation, penalties or discharges under the rule. The Pentagon said the ban could be lifted within weeks.