Massachusetts Congressman Barney Frank says Republicans opposed to repeal of “Don't Ask, Don't Tell” should defend in court the law that bans gay and bisexual troops from serving openly.

The 70-year-old Frank, one of three currently serving openly gay representatives, made his comments on MSNBC's The Last Word with Lawrence O'Donnell.

“I've defended the president saying he has a duty to defend the constitutionality of laws even if he doesn't like them, but if the House has voted by majority to repeal it, the president thinks it should be repealed, the senate majority is for repealing. If the only thing that saves it is this abuse of filibuster, then I think any claim that he has to defend it in court disappears.”

“It has no more, any moral force, and he ought then, if he can't get this done, and I hope Harry Reid can get it done as he's trying to do, then let the people who filibustered try to defend it in court,” the Democrat said. (The video is embedded in the right panel of this page.)

A judge's order that called the law unconstitutional forced the military to end enforcement of the policy for eight days in October. The Obama administration convinced an appeals court to put the ruling on hold as the case is appealed.

Frank added that “fear of Tea Party” was keeping moderate Republicans from supporting repeal.