The Ninth Circuit Court of Appeals issued a ruling today allowing the military's "don't ask, don't tell" policy to remain in effect, pending the government's appeal of a lower court decision that says it's unconsitutional.

The decision extends an emergency stay allowed by the appeals court on Oct. 20, which was issued after a lower court judge refused to allow the policy to remain in effect during the appeal process.

Judge Virginia Philips ruled in September that the military's "don't ask, don't tell" policy, which prohibits gays from openly serving in the military, was unconstituional. The U.S. government has appealed her ruling.

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