SAN FRANCISCO -- Even as federal officials laud the end of the U.S. military's ban on openly gay troops, Justice Department lawyers are trying to dissuade a federal appeals court from deciding if the "don't ask, don't tell" policy was unconstitutional.
They filed a motion Tuesday asking the 9th U.S. Circuit Court of Appeals in San Francisco to vacate a lower court ruling last September that found the ban violated the civil rights of gay service members.
The government says the case is moot now that "don't ask, don't tell" is history and the more than 14,000 people discharged under the policy can apply for reinstatement.
The gay political group Log Cabin Republicans, which brought the case, wants the appeals court to address the ban's constitutional implications.
The 9th Circuit heard arguments earlier this month but has not rendered a decision.