How does the same Administration do both of these things simultaneously?
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Washington (CNN) -- The Justice Department requested an emergency stay Thursday of a federal judge's injunction stopping enforcement of the military's policy that bars gay men and lesbians from serving openly.
Justice Department lawyers say they want the federal court in California to grant a stay of the injunction, which would remain in effect throughout the appeals process.
The government says the stay would allow for an orderly transition to a policy allowing openly gay men and women to serve in the U.S. military.
Log Cabin Republicans, a gay organization challenging the current law, said it wasn't surprised by the appeal and will promptly oppose the government's proposed stay.
"If this stay is granted, justice will be delayed, but it will not be denied," Log Cabin deputy executive director Christian Berle said in a statement. "Meanwhile, we urge Senate Majority Leader Harry Reid to do what it takes in the lame duck session to end 'don't ask, don't tell' legislatively."
U.S. District Court Judge Virginia Philips in California issued her injunction Tuesday.
Although President Barack Obama has stated his view that the current law is discriminatory, the administration also has said Congress, not the courts, should change the law allowing openly gay individuals to serve in the armed forces. The Justice Department says that it defends all laws of Congress in court.
"This is not a question of whether this policy will end. This policy will end, and on my watch," Obama said Thursday when asked about the issue at a town-hall-style meeting.
Meanwhile, senior military lawyers at the Department of Defense directed military lawyers to stop any proceedings related to "don't ask, don't tell," a Pentagon spokesman said.
The staff judge advocate generals from the military services -- the senior military lawyers -- sent an e-mail informing the military to abide by the injunction.
"The Department of Defense will of course obey the law," said Pentagon spokesman Col. Dave Lapan, "and the e-mail noted that, in the meantime, the Department will abide by the terms in the court's ruling, effective as of the time and date of the ruling,"
and
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Washington (CNN) -- The Pentagon has advised recruiting commands that they can accept openly gay and lesbian recruit candidates, given the recent federal court decision that bars the military from expelling openly gay service members, 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 notice also reminded recruiters that they have to "manage expectations" of applicants by informing them that a reversal of the court decision might occur, whereby the "don't ask, don't tell" policy could be reinstated, Smith said.
Federal Judge Virginia Phillips in California is expected to decide Tuesday whether she will stay her injunction against "don't ask, don't tell" at the request of the government, which is appealing her ruling.
Groups representing gays and lesbians have warned against coming out to the military because the policy is still being appealed in courts.
One group, the Servicemembers Legal Defense Network, sent a statement out Tuesday reiterating the concern.
"During this interim period of uncertainty, service members must not come out and recruits should use caution if choosing to sign up," said SLDN Executive Director Aubrey Sarvis in the statement. "The bottom line: if you come out now, it can be used against you in the future by the Pentagon."
