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Obama Administration Asks Supreme Court to Keep 'Don't Ask Don't Tell' in Effect During Appeal

Photo Courtesy - Getty Images(WASHINGTON) -- The Obama administration Wednesday night asked the Supreme Court to maintain the status quo and allow "don't ask, don't tell" to stay in effect while a lower court considers the constitutionality of the policy.

The controversial law forbidding openly gay troops from serving has been on a yo-yo-like legal journey since early October when a district court judge found it to be unconstitutional.

Judge Virginia Phillips issued a worldwide injunction barring enforcement of the policy. However, an appeals court later overturned the injunction, deciding that the policy should remain in effect while the government appealed the merits of the case.

Now the administration is asking the nation's highest court to uphold the appeals court ruling and allow the policy to remain on the books throughout the ongoing appeals process. "The court of appeals simply followed this court’s practice of granting a stay pending appeal when a district court declares an act of Congress unconstitutional,” the brief says.

The Log Cabin Republicans, the gay rights group that initially sued the government over "DADT," has been critical of the Obama administration’s tact and preference that the policy to be repealed by Congress and not through the courts.

"This week, Log Cabin Republicans have conducted meetings with numerous Republican senators potentially in favor of repeal, all of whom are waiting for the President’s call," R. Clarke Cooper, the group’s executive director, said in a statement. "The White House has been missing in action on Capitol Hill, undermining efforts to repeal ‘don’t ask, don’t tell’ in the final session of this Congress, potentially leaving the judiciary as the only solution for our brave men and women in uniform."

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