A federal court in California has given the Obama administration ten days to decide whether to appeal its ruling last week that ordered the Pentagon to halt enforcement of “Don't Ask, Don't Tell,” the Army Times reported.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco last week lifted its own ruling that kept the policy in place after U.S. District Judge Virginia A. Phillips ruled last September that the Pentagon's policy is unconstitutional.

The Pentagon has said it will abide by the order but has yet to announce whether it plans to appeal the ruling to the Supreme Court.

Monday's order requires the government to state its position on the matter.

The court order comes just weeks before President Barack Obama is expected to sign certification that the military is ready to end the gay ban. Under the terms outlined in last December's legislative repeal of the policy, “Don't Ask, Don't Tell” would end 60 days after certification.

“The Court of Appeals for the Ninth Circuit is correctly pressing the Department of Justice and Department of Defense on whether or not they intend to defend the constitutionality of 'Don't Ask, Don't Tell,'” said Aubrey Sarvis, executive director of Servicemembers Legal Defense Network (SLDN), the largest group lobbying for repeal of the policy. “It is our hope they will not continue to do so, and we will soon have finality with certification and repeal.”