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Senate Majority Leader Harry Reid, D-Nev., has promised another vote by year's end, although the political dynamics in this lame-duck session haven't changed much. Gates has asked Congress to act before January, but Senate Democrats still hold a shaky majority and they are unlikely to give into Republican demands for a protracted debate. A Republican gay rights group, the Log Cabin Republicans, has challenged the constitutionality of the policy in court. The Obama administration on Wednesday urged the Supreme Court to keep the "don't ask, don't tell" policy in place while a federal appeals court considers the issue. The administration filed court papers in defense of an appeals court order that allowed "don't ask, don't tell" to go back into effect after a federal judge declared it unconstitutional and barred its enforcement. The 9th U.S. Circuit Court of Appeals in San Francisco is reviewing the administration's appeal.
The Log Cabin Republicans asked the Supreme Court to step into the case to reverse the appeals court decision that has allowed "don't ask, don't tell" to remain in effect despite the order by U.S. District Judge Virginia Phillips. Among several recommendations, the Pentagon report urges an end to the military ban on sodomy between consenting adults regardless of what Congress or the federal courts might do about "don't ask, don't tell," the source told the Post. The report also concludes that gay troops should not be put into a special class for equal employment or discrimination purposes, that person said. The recommendation is based on feedback the study group obtained from gay troops and same-sex partners who said they do not want a special classification, according to the source. The report recommends few, if any, changes to policy covering military housing and benefits because the military must abide by the federal Defense of Marriage Act, which does not recognize same-sex marriage.
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