(CN) – The Supreme Court on Friday allowed the military to keep enforcing its “Don’t Ask Don’t Tell” policy while the federal appeals court considers the ban on openly gay troops.
In a one-page order, the high court denied a request by the Log Cabin Republicans to block the military from enforcing the policy while the 9th Circuit considers the case.
The Log Cabin Republicans took their case to the Supreme Court after the 9th Circuit temporarily blocked a federal judge’s sweeping injunction barring the military from enforcing the policy.
Last month, U.S. District Judge Virginia Phillips found the policy unconstitutional, saying it “infringes the fundamental rights of Unites States servicemembers.”
The Department of Justice asked the 9th Circuit to halt the nationwide injunction until it has had time to come up with a plan to change the policy “in a prudent manner.” Although President Obama supports repealing the Don’t Ask Don’t Tell Act, he wants it done through Congress, not the courts.
The 9th Circuit temporarily reinstated the policy pending appeal and later extended its stay through at least March. The Supreme Court on Friday declined to vacate that stay, which allows the military to keep discharging openly gay service members while the 9th Circuit considers the case.
Justice Elena Kagan, the former solicitor general, did not participate in Friday’s order.