Appeals court: Military gay ban on again – U.S. news – msnbc.com. The Ninth Circuit court has told the Pentagon, that the “Don’t ask, Don’t tell policy” is in effect, until a ruling can be made on wether implementation will cause difficulty to the Department of Defense during a time of war. The Defense Department has already stated that they want to repeal the policy, but they want to “go slow” and phase things in. President Obama has stated he doesn’t want the issue managed by any court, but instead wants the U.S. Congress to legislate the issue. They have had a chance to do so, when a rider was attached to the most recent defense spending bill, but that bill was not carried forward – due to the rider, among other issues that the Republicans, and others may have not wanted in the bill.