In September, a district judge ruled that the "Don't Ask, Don't Tell" policy violated due process and 1st Amendment Rights. The Pentagon announced on Thursday that they will comply with this order and stop enforcing the policy. But the Obama Administration disagrees with the order of events:

The administration's decision Thursday to ask for a stay of Phillips's court order was criticized by gay rights groups, which have been frustrated by government inaction on the policy. While running for president, Obama said he would repeal the law. But in September, Senate Democrats were unable to muster the 60 votes needed to begin debate.

"Today's appeal by President Obama's Department of Justice is not only indefensible - it is yet another shocking lack of leadership from the White House on issues of equality for the LGBT community," said Robin McGehee, director of GetEqual, an advocacy group.

Groups also criticized the administration for appealing a decision by a federal judge in Massachusetts that invalidated the Defense of Marriage Act, which bars the federal government from recognizing legal same-sex marriages.

...Obama has said that he opposes "don't ask, don't tell" but that he prefers that it be repealed by Congress.

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