DADT Fight Continues
Obama administration asks for emergency stay after judge orders halt of "Don't Ask, Don't Tell".
The Justice Department is asking a higher court for an emergency stay while it appeals a decision that lets gays and lesbians serve openly in the military.
The Obama administration is instead hoping to end the policy by having Congress repeal the ban.
For former Army Lt. Dan Choi it is the newest phase in his personal battle.
A year after being discharged under "Don't Ask, Don't Tell" Choi was back at a Times Square recruiting center to reenlist Wednesday.
"Joining the Army is about serving, sacrificing and being part of something bigger than you," he said.
Conservative groups are fighting to keep the policy as-is.
"We're seeing essentially chaos in the military imposed as a result of the decision of one judge," says the Family Research Council's Peter Sprigg.
With another court now considering the issue some fighting "Don't Ask, Don't Tell" are telling service members it may be too soon to come out.
"My advice today would be don't offer that information up, because unfortunately it could be used against you in a few days or a few months or next year," says the Service Members Legal Defense Network's Aubrey Sarvis.
Its still unclear whether the Senate will take up the issue when its lame duck session begins next month, but many feel that's the best chance for repeal.