Judge tentatively rejects 'don't ask, don't tell' stay request
A federal judge in Riverside who declared the military's "don't ask, don't tell" policy banning gays unconstitutional issued a tentative ruling Monday rejecting the federal government's request to stay her decision while the case is appealed.
U.S. District Judge Virginia Phillips said the government failed to provide sufficient proof that her injunction halting the policy would cause "irreparable harm" to the military or that the government's appeal would be successful. Phillips planned to issue her final decision early Tuesday.