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Oct 13, 2010 10:56 AM by Associated Press

Defense Secretary: court should not set policy on gays

Defense Secretary Robert Gates says abruptly ending the military's Don't ask, don't tell policy would have "enormous consequences" for the troops.

A day after a federal judge ordered the Pentagon to cease enforcement of its policy barring gays from openly serving in the military, Gates told reporters that the question of whether to repeal the law should be decided by Congress, and done only after the Pentagon completes its study on the issue.

The Justice Department is considering whether to appeal the court ruling.

Gates said he feels strongly that legislation, not a court order, should determine the policy.

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