Court tentatively rejects stay of ‘Don’t Ask’ injunction

A California federal judge has tentatively rejected the U.S. government’s request for a stay on an injunction against enforcing “Don’t Ask, Don’t Tell” as arguments are underway in court, according to Log Cabin Republicans.

Christian Berle, Log Cain’s deputy executive director, said U.S. District Court Judge Virginia Phillips issued the tentative decision on Monday and will make a final decision after arguments are complete.

“That tentative decision rejected the government’s request for a stay,” Berle said. “So she indicated she will make a [final] decision either later [Monday] or [Tuesday] morning.”

Phillips last week issued the worldwide injunction against enforcing “Don’t Ask, Don’t Tell” after ruling in favor of plaintiffs in the case of Log Cabin v. United States. On Thursday, the U.S. Justice Department requested a stay against the injunction while appealing the litigation to the U.S. Ninth Circuit Court of Appeals.