Military to Start Accepting Gay Recruits, Judge Keeps DADT Injunction

Military recruiters have been directed to start signing up gay men and lesbians who apply for the armed forces -- and also to regard the don't ask, don't tell law as suspended until the fate of the controversial policy is settled by the courts or Congress.

Meanwhile, a federal judge who earlier found don't ask, don't tell to be unconstitutional on Tuesday rejected the government's request to stay her order stopping enforcement of the policy while her ruling is appealed, Politico reported.

Top level guidance has gone out giving the go-ahead for acceptance of gay recruits, but also cautioning that the moratorium on the ban on openly gay service members could be lifted at anytime, a Defense Department spokeswoman told the AP and other news agencies Tuesday.

U.S. District Judge Virginia Phillips ordered the military last week to stop enforcing the Clinton-era law, which requires gays to keep their sexual orientation private with the promise that they will not be grilled by officers about their personal lives. The government has appealed and asked for a stay of the order, even though President Obama wants to do away with don't ask, don't tell.

On Monday, Phillips said she had decided tentatively "to deny the application for a stay" and made it official on Tuesday. The Justice Department is expected to take its appeal to a higher court.

Obama prefers the legislative route. The U.S. House has already voted to repeal the policy and the Senate could follow suit after the election. The president also wants to see a Pentagon report, due in December, on the impact of implementing the change. But he has vowed that the prohibition on gays in the military will end on his watch.