The Justice Department has filed a notice of appeal and a motion to stay the enforcement of a worldwide injunction barring enforcement of “don’t ask, don’t tell,” the law that bans open homosexuals from serving in the military.

In court filings on Thursday, the Justice Department, citing “serious legal questions,” said the military would be “irreparably harmed” if U.S. District Judge Virginia Phillips failed to stay her injunction while the government pursues an appeal.

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