Judge “Tentatively” Rules To Uphold Immediate Injunction Barring Government From Enforcing “Don’t Ask, Don’t Tell”

United States District Court Judge Virginia A. Phillips tentatively refused to allow the Pentagon to reinstate its ban on openly gay service members while the government appeals an earlier ruling by Phillips declaring the policy known as “don’t ask, don’t tell” unconstitutional, according to a report from Reuters. Prior to hearing arguments presented by the Department of Justice seeking to stay her immediate injunction prohibiting any and all enforcement of the ban, Phillips said “My tentative ruling is to deny the application for a stay.” The Obama administration argues it supports a full repeal of the ban, but requires further time to allow for a political remedy rather than a court imposed on, and, consequently, has asked the Ninth United Circuit Court of Appeals in San Francisco to overturn her ruling.