To begin, adults actually wrote this legislation and voted for it?
Why is it obvious this was a Republican mess?
At any rate, the appeal is not based in reality. The policy is dangerous as it sets the GLBT community as a special status that is fluid to its longevity when serving the USA Military. Miliaries count on a 'stable' force to achieve its goals. The policy is counter productive and provide a reason to victimize this special status citizen.
...U.S. District Judge Virginia Phillips, (click title to entry - thank you) of California, rejected a U.S. government request to suspend her injunction of the military’s “don’t ask, don’t tell” policy, reports the Wall Street Journal. Judge Phillips believes that the policy harms military readiness and violates soldier’s fundamental rights. Government attorneys plan to appeal Judge Phillips’s injuction in the Ninth Circuit Court of Appeals. Judge Phillips decided the 1993 law was unconstitutional....
The entire premise is hideous. If there was ever a need for a draft of the citizens into the military for national defense, all anyone had to do was to 'out' themselves and be dismissed from the ranks of the military. Being homosexual is not contagious. I could easily see those that oppose war simply stating 'I am Bi, good-bye.''
The premise the Justice Department is pursuing is that Congress should legislate the decision. That is irrelevant to the court decision. There is nothing in the injuction that prohibits legislation from being written. The appeal is baseless.