The Washington Times reports
that gay rights advocates filed a challenge to a request by the Obama administration to keep the repealed “don’t ask, don’t tell” policy in place while the Pentagon prepares for an end to the ban. In a brief filed in the 9th U.S. Circuit Court of Appeals in San Francisco, lawyers for Log Cabin Republicans said keeping the policy in place was “absurd.” At issue is the constitutionality of Congress allowing the policy to stay in effect to give the Pentagon time to train troops and take other steps to end the ban. Under the new policy, the restrictions remain until the Pentagon certifies that the change won’t damage combat readiness. Before the repeal, a federal district judge issued an injunction barring enforcement of “don’t ask, don’t tell.” The Obama administration requested to keep the policy in place in its brief challenging the injunction.