In the meantime, the military is accepting openly gay recruits for the first time ever. The Pentagon has, however, told recruiters to warn enlistees that the policy could be reinstated, and has also warned current servicemembers not to come out of the closet just yet.
The DOJ asked the appeals court for a stay to be issued today. In their request, lawyers wrote that the injunction would "short-circuit" the ongoing policy review of DADT and is "an extraordinary and unwarranted intrusion into military affairs."
The first brief in the appeal is due in January.