RIVERSIDE (AP) — A federal judge has denied a government request to delay her order halting the military from enforcing its ban on openly gay troops.
U.S. District Judge Virginia Phillips issued her ruling Tuesday after saying the government had not proven that her order would harm troops or impede efforts to implement new military regulations to deal with openly gay troops.
Justice Department officials say the Obama administration will appeal to the appellate court in San Francisco.
The military has promised to abide by her order as long as it remains in place.
Phillips declared the “don’t ask, don’t tell” policy unconstitutional Sept. 9. Under the 1993 law, the military cannot inquire into service members’ sexual orientation and punish them for it as long as they keep it to themselves.
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