The Obama administration will ask a federal judge to allow the "don't ask, don't tell" law on gays in the military to continue in force pending an appeal of her order to end it, a lawyer in the case and a person in the government familiar with the discussions said Thursday.
Lawyer Dan Woods said his client, Log Cabin Republicans, which won the ruling on Tuesday, has been notified that the Justice Department "will appeal and seek a stay later today." That word was confirmed by the person in the government knowledgeable about the administration's discussions.
The law bans gay or lesbian Americans from serving openly in the military.
On Tuesday, U.S. District Judge Virginia Phillips in Riverside, Calif., ordered the military to immediately suspend and discontinue any investigation or other proceeding to dismiss gay service members under the law.
The government source said the delay in responding to the judge's order resulted because the Obama White House weighed in on the Justice Department's handling of the case.
This person, speaking on condition of anonymity to discuss the administration's internal deliberations, said a couple of White House lawyers did not want to seek a court order that would temporarily suspend the judge's ruling.
The source said the process was back on track and that court papers seeking the stay will be filed.
This program aired on October 14, 2010. The audio for this program is not available.