Judge Likely To Deny Government On Gay Troops Order

A federal judge said on Monday that she is learning toward denying a government request to delay her order halting the military from enforcing its ban on openly gay troops.

U.S. District Judge Virginia Phillips said she would review the arguments from Justice Department lawyers and issue a ruling as early as Monday, or by Tuesday.

"My tentative ruling is to deny the application for a stay," Phillips said at the start of the hearing.

Phillips said the government has not proven that her order would harm troops or in any way impede efforts to implement new regulations for the military to deal with openly gay service members.

If she rejects the request, Justice Department officials say the Obama administration would appeal. Experts say they will likely find friendlier venues in the U.S. Court of Appeals for the 9th Circuit in San Francisco and, ultimately, the U.S. Supreme Court.