FILE - In this March 26, 2007 file photo, Andrew Chapin of New York City takes part in a rally on Capitol Hill in Washington supporting legislative efforts to repeal the military's "Don't Ask, Don't Tell" policy regarding gay soldiers. National security adviser James Jones says President Barack Obama is committed to taking on the "don't ask, don't tell" ban on gays serving openly in the military. But Jones says the president has many other pressing matters on his desk, including wars in Iraq and Afghanistan. (AP Photo/Susan Walsh, file)
A federal appeals court has denied the government's request to suspend a lawsuit challenging the military's ban on openly gay service members.
The 9th U.S. Circuit Court of Appeals in San Francisco issued an order Friday requiring the Department of Justice to file papers by Feb. 25 arguing why the court should overturn a Southern California trial judge who declared the "don't ask, don't tell" policy unconstitutional.
Government lawyers asked the 9th Circuit earlier this month to set aside the case because the Pentagon was moving quickly to satisfy the steps Congress outlined last month when it voted to allow the ban's repeal. The Department of Justice did not have immediate comment Saturday.
The appeals court did not explain in its order why it rejected the request. In his State of the Union address, President Barack Obama said he expected to finalize the repeal and allow openly gay Americans to join the armed forces before the end of the year.
On Friday, the vice chairman of the Joint Chiefs of Staff told reporters that the training of officers and troops the Pentagon has said is a predicate to full repeal would begin in February.
The Log Cabin Republicans, the gay political group whose lawsuit challenging "don't ask, don't tell" persuaded District Court Judge Virginia Phillips in September to enjoin the military from enforcing the policy, had opposed the government's effort to put the case on hold.