Secretary of Defense Robert Gates announced changes to the "Don't Ask, Don't Tell" policy. (Creative Commons)

"The evidence at trial showed that the Don't Ask, Don't Tell Act harms military readiness and unit cohesion, and irreparably injures servicemembers by violating their fundamental rights," wrote U.S. District Judge Virginia A. Phillips in her order.

Phillips ruling came after the federal government appealed her original ban of the policy and requested that she suspend her ban until the appeal was heard.

The "don't ask, don't tell" policy bans gays and lesbians from openly serving in the military.

Earlier Tuesday, the Pentagon told U.S. military recruiters to accept applications from gay and lesbians, but warn applicants that the policy may be reinstated.

The Ninth U.S. Circuit Court of Appeals in San Francisco will hear the federal government's appeal on the ruling. The administration has previously said that it will ask the appeals court for a stay on the ruling if Phillips rejects its request.

Check out the coverage from the Press Enterprise and the San Francisco Gate or take a look at Judge Phillips' order.