Washington (CNN) - The Obama administration is expected to appeal a federal judge's order barring the military from enforcing its ban on gays and lesbians serving openly.
Any government challenge would go before the 9th Circuit Court of Appeals in San Francisco, California.
Late Tuesday, U.S. District Court Judge Virginia Phillips in California denied the government's request for an emergency stay of her order barring the military from expelling openly gay service members.
The ruling came as the Pentagon has begun advising recruiting commands that they can accept openly gay and lesbian recruit candidates, according to a Pentagon spokeswoman.
The guidance from the Personnel and Readiness office was sent to recruiting commands on Friday, according to spokeswoman Cynthia Smith.
The recruiters were told that if a candidate admits he or she is openly gay, and qualify under normal recruiting guidelines, their application can be processed. Recruiters are not allowed to ask candidates if they are gay as part of the application process.
The notice also reminded recruiters that they have to "manage expectations" of applicants by informing them that a reversal of the court decision might occur, whereby the "don't ask, don't tell" policy could be reinstated, Smith said.
Groups representing gays and lesbians have warned against coming out to the military because the policy is still being appealed in courts.
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