About 13,000 gay men and women have been discharged from the military since the policy went into effect in 1993.
Gay rights advocates challenged a request by the Obama administration to keep the military's repealed "don't ask, don't tell'' policy in place while the Pentagon prepares for its repeal.
A brief was filed Monday in the 9th U.S. Circuit Court of Appeals in San Francisco by lawyers for the group called Log Cabin Republicans. The group termed keeping the policy in place as "absurd.''
At issue is the constitutionality of Congress allowing the "don't ask, don't tell'' policy to stay in effect to give the Pentagon time to train troops and take other steps outlined in December when lawmakers cleared the way for the policy's repeal.
Earlier this year, the administration said it would no longer defend the 1996 ban.
Last year a district court judge issued an injunction barring enforcement of the policy.