On Thursday, the Ninth Circuit Court of Appeals agreed to dismiss the case which declared “Don't Ask, Don't Tell” unconstitutional, gay weekly Metro Weekly reported.

The legal challenge to the policy was filed by gay GOP group Log Cabin Republicans.

Last September, U.S. District Judge Virginia A. Phillips ruled that the law which banned gay and bisexual troops from serving openly was unconstitutional. The government appealed the ruling and the appeals court in San Francisco put the ruling on hold as it considered the government's motion to dismiss.

In December, Congress approved and President Barack Obama signed into law a bill that repeals “Don't Ask, Don't Tell” and the policy expired on September 20.

“This suit became moot when the repeal of section 654 took effect on September 20,” the court wrote. “The repeal, in short, gave Log Cabin 'everything' its complaint 'hoped to achieve.'”

“We therefore vacate the judgment of the district court. … We vacate the district court's judgment, injunction, opinions, orders, and factual findings – indeed, all of its past ruling – to clear the path completely for any future litigation.”

Log Cabin lawyers had argued that vacating the ruling would allow the government to reintroduce the policy at a later date.

“If this case does not go forward on the merits and if you do not affirm it on the merits, the government will be completely unconstrained in its ability to again ban gay service in the military,” Dan Woods, an attorney for Log Cabin Republicans, told the court.

Aubrey Sarvis, executive director of Servicemembers Legal Defense Network (SLDN), lamented the ruling but added that the case had helped rally support for repeal.

“This decision from the Ninth Circuit Court of Appeals was not unexpected, but we do regret that the court did not uphold Judge Phillips' ruling that 'Don't Ask, Don't Tell' was unconstitutional. Notwithstanding today's decision, the Log Cabin case, like the Cook case before it, played a major role in persuading policy makers to repeal DADT,” Sarvis said.