The Obama administration asked a U.S. appeals court to dismiss a challenge to the military ban on openly gay personnel since the policy will be repealed soon.
The repeal of "don't ask, don't tell" is effective Sept. 20, now that the Pentagon has declared the change won't interfere with military readiness or recruiting.
Justice Department lawyer Henry Whitaker told the Ninth U.S. Circuit Court of Appeals Thursday that once the military policy ban is repealed any case challenging the ban is resolved, the San Francisco Chronicle reported Friday. He also asked that a judge's ruling that declared the law unconstitutional be discarded.
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