In the document filed with the U.S. Court of Appeals for the 9th Circuit, the gay GOP organization argued that U.S. District Judge Virginia Phillips’ Sept. 9 ruling that Don’t Ask, Don’t Tell violated the constitutional rights of openly gay service members should remain in place.
President Obama signed a bill on Dec. 22 that repeals the law. But the Justice Department argued in a brief filed with the 9th Circuit on Feb. 25 that Phillips’ ruling should be held “in abeyance.” Alternatively, Phillips’ decision should be overturned so that the law is repealed in an orderly fashion rather than immediately, government lawyers wrote.
