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Don’t Ask, Don’t Tell” will remain in place for the duration of a federal appellate fight or until there is some other action repealing the law that has barred gays from serving openly in the military.

The Ninth Circuit U.S. Court of Appeals today granted a stay pending appeal of the injunction that last month had temporarily brought to a halt enforcement of the policy. Federal Judge Virginia Phillips of Riverside had struck down Don’t Ask as facially unconstitutional and refused to stay her decision.

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