The federal government had asked to delay enforcement of the ruling allowing gays to serve openly in the military. A final decision is expected Tuesday.
A federal judge in Riverside who declared the military’s “don’t ask, don’t tell” policy banning gays unconstitutional issued a tentative ruling Monday rejecting the federal government’s request to stay her decision while the case is appealed.
U.S. District Judge Virginia Phillips said the government failed to provide sufficient proof that her injunction halting the policy would cause “irreparable harm” to the military or that the government’s appeal would be successful. Phillips planned to issue her final decision early Tuesday.
Paul Freeborne of the U.S. attorney’s office argued that the injunction immediately halting enforcement of the policy, which bans gays and lesbians from serving openly in the military, jeopardized national security.