RIVERSIDE, Calif. — A federal judge Tuesday ordered the government to stop banning openly gay men and women from serving in the military under the "don't ask, don't tell" policy.
U.S. District Judge Virginia Phillips found the policy unconstitutional in September. On Tuesday, she rejected an Obama administration request to delay an injunction and ordered enforcement of the 17-year-old policy permanently stopped.
The Justice Department has 60 days to appeal. Legal experts say the government is under no legal obligation to do so and they could let Phillips' ruling stand.
The federal government is reviewing the ruling and has no immediate comment, said Tracy Schmaler, spokesman for the Justice Department.
Judge's Order to Military