A federal judge formally refused on Tuesday to let the Pentagon reinstate its ban on openly gay men and women in the U.S. military while it appeals her decision declaring its "don't ask, don't tell" policy unconstitutional.
A day after tentatively siding against the Obama administration, U.S. District Judge Virginia Phillips issued a written decision denying a government request to lift her own injunction barring further Pentagon enforcement of the ban.
Although government concerns about military readiness and cohesion are important, "these interests are outweighed by the compelling public interest of safeguarding fundamental constitutional rights," she wrote in a six-page opinion.
President Barack Obama has insisted he stands by his 2008 campaign pledge to end "don't ask, don't tell," but his administration had urged the judge to allow more time for a political remedy to the issue rather than a court-imposed one. The Pentagon also has argued that an abrupt change in the 17-year-old policy, enacted into law under then-President Bill Clinton, would hamper the military.
But anticipating an unfavorable ruling on Tuesday, the Defense Department earlier in the day instructed its recruiters for the first time to start accepting applications from enlistees who acknowledge they are gay.
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