Washington (cnn) - a Wednesday the Federal Court of appeal issued an order blocking the US military to enforce its policy of "don't ask", not tell on gays and lesbians serving in the army. U.S. authorities have been moving forward with the policy of dismantling, but were opposed to what the courts require the Government to repeal officially at this time.
At issue in the complex legal fight is if "do ask, do tell" can remain in force - even in name only - whereas the legal fight over its constitutionality is be combated in the federal courts. The judges have disagreed on the question of the application for months.
The case involves the Obama administration in a position unusual support a repeal, but at the same time to file motions to the Court to prevent that going faster than expected. The military authorities suggest changes of political compliance in eliminating "do ask, do tell" could be completed in a few weeks.
In a brief order Wednesday, the 9th U.S. Circuit Court of appeal echo, saying, "the deletion process (the policy) is underway, and the balance of the armed forces are supposed to have been trained by the middle of the summer" on compliance with the new guidelines.
"The balance of the difficulties and the circumstances have changed", said the Panel of three judges, concluding that as a result, "do ask, do tell" can remain in place.
The Department of Justice can now return to the Supreme Court to try the order of execution suspended for a second time. Judges last autumn confirmed an earlier order of maintenance of the policy in place.
The Court of Appeal based in San Francisco also announced that it would hear oral arguments in the question at the end of August.
A group of rights of the homosexuals - the Log Cabin Republicans - sued on the prohibition of 18-year-old members openly gays and lesbians from serving in the armed forces us. In September, U.S. District Judge Virginia Phillips said the unconstitutional military ban.
Since Congress adopted a law signed by President Obama to gradually eliminate "do ask, do tell", but Pentagon officials had refused to issue a timeline on when this change in policy would be completed.
It is a question of Defense Secretary Leon Panetta, who took over the position this month, will now face.
If the policy is fully in force, and current investigations of the gay and lesbian service members are suspended, the legal appeals could quickly become theoretical. But the Log Cabin Republicans have promised to continue the legal fight until then.
The group called the order of the Court "exciting news."
The decision "removes any uncertainty - American service members are no longer under the threat of discharge because repeal implementation process is going forward," says r. Clarke Cooper, Director Executive of the group. "As a captain in the army of reserve of the United States, I observed the reactions of my colleagues to the relocation of the Ministry of defence to the open service and can say with confidence that our troops are ready, willing and able to take this measure." Log Cabin Republicans are proud of our role in the end once and for all of the policy unconstitutional and non. »
Obama said he long wanted to repeal "don't ask, do tell" and had concluded an agreement with Defense Secretary Robert Gates and Admiral Mike Mullen, former President of the Joint Chiefs of Staff, a process that included a military review of how to make the transition to openly gay and lesbian soldiers.
The three men would then certify the repeal.
Gay rights groups say the policy - even though it is to be discarded - violates due process and the rights of the first amendment to the military. In their appeals, the Log Cabin Republicans said that the policy will remain in effect during the appeal would be unacceptable and would cause "irreparable harm".
The Government presented "no evidence to support a finding that open service by gays and lesbians harmed military interests and... civilian and military leaders admitted that DADT was actually reached military interests," claimed the appeal.
He said "Retained military judgment here tips the scales against a suspension, rather than through a".
But the administration of Obama, supported by the representatives of the Pentagon argued that suspending policy and forcing the military to immediately exchange rate while the case is on appeal cause problems in time of war.
"The military should not be needed suddenly and immediately restructure an important policy which has been in place for years, particularly at a time when the nation is involved in overseas combat operations," said the Government in a prior case.
Pentagon spokesman Dave Lapan said the military "will be of course comply with the orders of the Court and immediately take steps to inform the scope of this order."
He added: "" in the meantime, implementation of the DADT repeal vote by Congress and signed last December the law by the President is proceeding smoothly, is well underway, and certification is only a few weeks away. ""
Doors last autumn raised the level to which gay and lesbian troops can be discharged under "don't ask, do tell" by ordering that it be by the Secretaries of the army, Navy and the Air Force.
In a note written to heads of all the military services, Gates said that his action was taken in direct response to the legal uncertainty surrounding the right "do ask, do tell".Charley Keyes of CNN has contributed to this report.
