The legal wrangling has infuriated gay rights activists. The Obama administration has vowed to work to repeal the policy in Congress, but has said it does not want the issue decided by the courts. As such, government lawyers are in the awkward position of defending a statute that the administration admits it is against.
Gay rights groups urged President Obama to abide by the ruling and allow the nearly 16-year-old policy to immediately end. However, President Obama, has said he will continue to fight the policy in court and will work with the lame duck Congress to repeal it after the elections.