The Associated Press is reporting that the United States Supreme Court blocked a request by the Log Cabin Republicans to suspend the military’s anti-gay “Don’t Ask, Don’t Tell” policy while a lower court considers an ongoing legal battle today.

Last month, a federal judge ruled DADT unconstitutional because it violated a soldier’s right to freedom of speech and due process but the policy remains in effect while the lower courts wait to hear an appeal of the ruling.

The Obama administration has been pushing for a repeal of the law, but is defending the lawsuit. Congressional repeal appears less likely in the coming session due to gains made by Republicans in the midterm elections.

The president said during a news conference after the November midterm elections that he hoped repeal could come during the lame duck session before the GOP assumes control of the House in January. Secretary of Defense, Robert Gates, also called for the policy to be repealed in recent weeks.