Supreme Court asked to review gay military ban

SAN FRANCISCO -- The Republican gay rights group 'Log Cabin' is asking the U.S. Supreme Court to allow a California trial judge's order barring enforcement of the "don't ask, don't tell" policy to go back into effect.

Lawyers for Log Cabin Republicans asked the high court Friday to vacate a decision by the 9th U.S. Circuit Court of Appeals keeping "don't ask, don't tell" in place until it considers the government's appeal of the judge's decision declaring the policy unconstitutional.

Log Cabin is arguing the 9th Circuit panel that ruled 2-1 Monday abused its discretion when it blocked U.S. District Judge Virginia Phillips' order requiring the military to allow openly gay Americans to enlist and serve.

The divided panel said Monday that it agreed the Pentagon needed more time to develop procedures for ending the policy.

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