President Barack Obama supposedly wants to end the ban on gays and lesbians openly serving in the U.S. military. His administration has backed a legislative compromise that would probably lead to the repeal of Don’t Ask, Don’t Tell next year. However, the votes aren’t there in the Senate to attach that provision to this year’s defense authorization act. The Senate will consider the bill again after the November election, but I doubt senators would vote to lift the ban on gays in the military during a lame-duck session. Next year the issue will be off the table in a House and Senate with many more Republican votes, and possibly Republican majorities.

Yesterday a U.S. District Court judge in California gave Obama an easy way to keep his promise on ending the ban:  

U.S. District Judge Virginia Phillips’ permanent worldwide injunction — praised by gay rights organizations — orders the military “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced” under the “don’t ask, don’t tell” policy. […]

In her ruling Tuesday, Phillips stated the policy infringes on the rights of military personnel. “Furthermore, there is no adequate remedy at law to prevent the continued violation of servicemembers’ rights or to compensate them for violation of their rights,” the judge wrote.

Now the question is whether Obama will have his administration appeal this ruling:

President Barack Obama has backed a Democratic effort in Congress to repeal the law, rather than in an executive order or in court.

But U.S. District Judge Virginia Phillips’ injunction leaves the administration with a choice: Continue defending a law it opposes with an appeal, or do nothing, let the policy be overturned, and add an explosive issue to a midterm election with Republicans poised to make major gains.[…]

If the government does not appeal, the injunction cannot be reversed and would remain in effect. If it does, it can seek a temporary freeze, or stay, of her ruling. An appeal would go to the U.S. Court of Appeals for the 9th Circuit. Either side could then take it to the U.S. Supreme Court.

The Pentagon did not immediately comment, and a Justice Department spokeswoman said the government was reviewing the decision. Meanwhile, a group of 19 Democrat senators signed a letter sent to U.S. Attorney General Eric Holder urging him to let the injunction stand.

As of yesterday, Senator Tom Harkin was not among the Democrats who co-signed that letter. I am seeking comment from his office on whether he supports a Justice Department appeal of Judge Phillips’ ruling.