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

U.S. District Judge Virginia Phillips said she would issue a final ruling on the government's appeal later Monday or Tuesday.

Phillips ruled the "don't ask, don't tell policy," which prohibits gays and lesbians from openly serving in the military, unconstitutional on Oct. 12 by issuing an injunction, saying the policy violated First Amendment rights.

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