SAN FRANCISCO, Calif. – A gay rights group is asking a federal appeals court in California to keep considering whether a trial judge properly struck down the U.S. military's ban on gays serving openly in the military.
Lawyers for Log Cabin Republicans filed a brief Monday arguing that because the ban has not been lifted, the 9th U.S. Circuit Court of Appeals needs to maintain its schedule in the government's challenge to the lower court's ruling.
It came in response to a Justice Department motion seeking to suspend the case for at least three months. The department faces a Jan. 24 deadline for submitting opening arguments.
Government lawyers say putting the appeal on hold would allow the Pentagon to focus on training troops and other tasks necessary for completing the repeal of the ban.
Congress has agreed to repeal the "don't ask, don't tell" policy.