The Justice Department has asked a federal judge to allow the military's "don't ask, don't tell" policy on gays to continue during an appeal.
In court papers, the Obama administration says the case raises serious legal questions and that the government will be irreparably harmed unless the current policy is allowed to remain in place temporarily.
The Justice Department action came two days after a judge in California ordered the Pentagon to cease enforcement of its policy barring gays from openly serving in the military.
President Barack Obama, however, says the military's ban on gays serving openly in the military will end on his watch.
Speaking at a town hall meeting of young adults Thursday, Obama said he believes anyone who wants to serve in the military should be allowed to do so regardless of sexual orientation.
However, Obama says he can't end the "don't ask, don't tell" law with an executive order and is urging Congress to repeal it.
The president did not discuss his administration's response to California judge's order that would allow gays to serve openly in the military.
This program aired on October 14, 2010. The audio for this program is not available.