October 18, 2010 / 10:23 PM / 8 years ago

US judge tentatively upholds gays-in-military order

RIVERSIDE, Calif., Oct 18 (Reuters) - A federal judge tentatively refused on Monday to let the Pentagon reinstate its ban on openly gay men and women in the U.S. military while the government appeals her decision declaring the “don’t ask, don’t tell” policy unconstitutional.

Before hearing arguments on the government’s request to stay her injunction barring enforcement of the ban, U.S. District Judge Virginia Phillips said in court: “My tentative ruling is to deny the application for a stay.”

The Obama administration, insisting it supports ending the ban but urging the judge to allow more time for a political remedy rather than a court-imposed one, has said it would the ask 9th U.S. Circuit Court of Appeals to overturn her ruling.

Editing by Philip Barbara

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