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Court battle over lifting gay troop ban continues
Gay rights group seeks court ruling to prevent return of 'don't ask, don't tell'
By The Associated Press

SAN DIEGO (AP) ' The military's ban on openly gay troops will be lifted within weeks, but that's no guarantee the law cannot be re-enacted someday.

That's why a Republican gay rights organization that sued the Obama administration to stop enforcement of the policy says it plans to ask the 9th U.S. Court of Appeals on Thursday to declare the nearly 18-year-old law unconstitutional, affirming a lower court's ruling last year.

Attorney Dan Woods says such a ruling is needed with several Republican presidential candidates indicating they would favor reinstating the ban if elected. Woods represents the Log Cabin Republicans.

Justice Department attorneys say the repeal makes the case irrelevant. Both sides will present their arguments during the hearing in Pasadena, Calif.

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