The Obama administration will “likely”
appeal a federal appeals court ruling that ordered the Pentagon to
halt enforcement of “Don't Ask, Don't Tell,” gay
weekly The Washington Blade reported.
Lawmakers last December agreed to
repeal the 1993 law that bans gay and bisexual troops from serving
openly. But the policy remains in effect until sixty days after top
Pentagon leaders and President Barack Obama certify that the military
is ready for the change. Before retiring on June 30, former Defense
Secretary Robert Gates said he was prepared to sign the
certification, but left the task to his successor, Leon Panetta.
Last week, a three-judge panel of the
9th U.S. Circuit of Appeals in San Francisco reversed 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 military has agreed to abide by the
order.
On Monday, the appeals court gave the
Obama administration 10 days to decide whether to appeal its ruling
to the Supreme Court.
“DOJ is likely going to SCOTUS to
appeal the injunction again,” an unnamed source told the paper.
“We don't know when, but that's the sense we're getting.”