Obama requests emergency stay of 'don't ask, don't tell' order

CNN Wire Staff

October 20, 2010 -- Updated 1704 GMT (0104 HKT)

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STORY HIGHLIGHTS

• The administration is in favor of repealing the policy
• But it does not want it banned abruptly
• It filed a request for an emergency stay of a judge's order
• That order banned enforcement of the policy

Washington (CNN) -- The Obama administration filed an emergency request Wednesday with the 9th Circuit Court of Appeals to stop the military from allowing openly gay troops from serving.

In court documents filed in San Francisco, California, the administration asked that the status quo prevail with the policy known as "don't ask, don't tell."

The administration is in favor of repealing the policy but argued that changing it abruptly "risks causing significant immediate harm to the military and its efforts to be prepared to implement an orderly repeal of the statute."

On Tuesday, U.S. District Court Judge Virginia Phillips denied the government's request to stay her October 12 order that bans enforcement of the policy.

Government lawyers then took their case to the 9th Circuit.

The Pentagon has already begun advising recruiting commands that they can accept openly gay and lesbian recruit candidates, according to a Pentagon spokeswoman.

The guidance from the Personnel and Readiness office was sent to recruiting commands on Friday, according to spokeswoman Cynthia Smith.

The recruiters were told that if a candidate admits he or she is openly gay, and qualify under normal recruiting guidelines, their application can be processed. Recruiters are not allowed to ask candidates if they are gay as part of the application process.

The Obama administration has said it needs more time to work with the Pentagon to repeal the policy, blasted by critics as blatantly discriminatory.

"This president has made a commitment, and it's not a question of whether that program, whether that policy will change, but when," Obama adviser David Axelrod told CNN. "We're at the end of a process with the Pentagon to make that transition, and we're going to see it through."