Obama Administration Expected To Appeal Ruling On Gays In Military


U.S. District Court Judge Virginia Philips issued an injunction Tuesday that bans enforcement of the "don't ask, don't tell" policy throughout the military services.

While the government has up to 60 days to file an appeal to the Ninth Circuit Court in San Francisco, California, officials familiar with the case said that could happen in the next day or two.

A Justice Department spokesman declined comment.

The sources familiar with the government's plans expect a motion for an emergency stay to halt the injunction to be filed first with Philips as a matter of procedure. If she rejects it, as expected, the request for an emergency stay would accompany the formal appeal to the Ninth Circuit Court.

A three-judge panel would be appointed to immediately consider the request for an emergency stay.

The case was brought by the Log Cabin Republicans, a gay organization. The Justice Department, while opposed to the "don't ask, don't tell" policy, is obligated to defend laws passed by Congress.