Two federal court rulings dramatically shifted the legal landscape with respect to the military’s ban against openly gay service members. It’s unclear, however, whether they will survive U.S. Supreme Court review. Ultimately, the matter may be settled where the Obama administration wants it to be — in Congress.

“I think it’s more likely Congress makes a decision first,” said Aubrey Sarvis, executive director of Servicemembers Legal Defense Network, a Washington organization whose sole purpose is to repeal the “Don’t Ask, Don’t Tell” law.