RIVERSIDE, California, a federal judge said Monday she learns to refuse a request from the Government to delay the order to put an end to the army to implement its ban on openly gay troops.
U.S. District judge Virginia Phillips said that it would revise the arguments of counsel for the Department of justice and render a decision as from Monday or Tuesday.
"My preliminary determination is to refuse the application for a stay," Phillips said at the beginning of the hearing.
Phillips said that the Government has not demonstrated that its likely to be detrimental to the troops or in any way impede efforts to implement the new regulations for the military to deal with members of the openly gay agenda.
If it rejects the request, the Department of justice officials say Obama appel.Experts administration say that they will be probably more favourable sites in the u.s. Court of appeals for the 9th circuit in San Francisco and, ultimately, the Supreme Court.
"Away it that decision Gets the presentation of the evidence in the Court judgment, more it is likely that courts will assume that military must have a vital interest at stake," said Diane Mazur, a Professor of law, as opposed to the policy.
The army has promised to comply with the injunction against the policy "not requested, not explain" also that his order remains in place.
Government lawyers had asked Phillips to suspend its agenda while they did call, saying that forcing an abrupt change in policy can damage the morale of the troops as they fought two wars.
The judge declared unconstitutional policy on 9 September, saying it violated the rights of freedom of expression and the right to petition the Government for redress of grievances guaranteed by the first amendment.
Phillips said the policy support military and instead of this preparation has a "direct and deleterious effect" on military by harm to recruit and demanding discharge members service with essential skills and training.
At the time, it has applied to both sides to give its contribution to an injunction and Monday, called "premature" Government's request She said that the Department of justice had much opportunity to modify her injunction before she ordered on 12 October.
Phillips also the Government did not evidence the trial to demonstrate how its agenda would cause irreparable harm to the troops.
Government Attorney Paul Freeborne stated that the Department of justice had no reason to present evidence that his order has fallen.
He said his injunction throughout the country is not realistic and will hurt the military effectiveness because it does not allow for sufficient time for the army to conduct training and education to implement the new regulations.
Freeborne "You are demanding that the Department of justice to implement a massive policy change, a change in policy that can be reversed by appeal," him.
A lawyer representing a gay rights group that brought an action challenging the ban in 2004, Log Cabin Republicans said the Department of justice has had six years to meet and do not have.
Woods ' Government now wants to continue to deprive us of their constitutional rights, and the Tribunal is not required, "said Phillips.Son group says more than 13 500 soldiers fired in politics in the era Clinton administration.
Richard Socarides, a former advisor to the Clinton White House on the rights of homosexuals, said that he does not expect Phillips to residence.
"It seems to have lost patience with the Government's position and me, which is reflected in its decision so far," said Socarides. "But they will probably go to the Court of appeal and Supreme Court and you'll see in a few days that this order was suspended.?
Act of 1993, members may investigate the sexual orientation of staff of the Department and punish for as long as keep themselves .the President Barack Obama stated that he wanted to act repealed at the Congress.
Secretary of Defense, Robert Gates, a Republican and President of Admiral of the chiefs of staff Mike Mullen, top of army uniformed officer, both say they support lifting the ban .but the gates and Mullen also have warned that they would prefer to go slowly.
Gates has commissioned a study scan due December 1, which includes a survey of troops and their families.
President has agreed to the study of the Pentagon, but has also worked with Democrats to prepare a draft Bill which would have lifted the ban, pending review of the Ministry of defence and the certification of the army as the morale of the troops do not suffer.
That the legislation passed in the House of Commons, but was blocked by Republicans in the Senate.
Militant gay rights concerned than Republican gains in the midterm elections next month could make even more difficult to reverse the policy in Congress.
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