Enlarge By Tim Dillon,USA TODAY Students rally on the Capitol lawn to support efforts to repeal the military's "don't ask, don't tell" policy, which prohibits gays from serving openly in the military. Openly gay recruits can now join the military as a result of a federal court ruling striking down the law. WASHINGTON  The Obama administration on Wednesday asked a federal appeals court to immediately suspend a judge's ruling that overturned the military's "don't ask, don't tell" policy on gays. The government says it wants the U.S. Court of Appeals for the 9th Circuit in San Francisco to take action on Wednesday. The federal government is preparing arguments for the appeals court on why the ruling on "don't ask, don't tell" should be suspended while the case is appealed. The Obama administration says it is in favor of repealing the law. However, the government says that letting the ruling of U.S. District Judge Virginia Phillips go forward immediately would be a major problem for the military. Leaving the judge's decision in place now "would create tremendous uncertainty about the status of servicemembers who may reveal their sexual orientation in reliance on the district court's decision and injunction," the Justice Department said in its latest appeals court filing. "Effectively developing proper training and guidance with respect to a change in policy will take time and effort," the court papers added. "The district court's injunction does not permit sufficient time for such training to occur, especially for commanders and servicemembers serving in active combat." Earlier, Cynthia Smith, a Pentagon spokeswoman, said the suspension of "don't ask, don't tell" was in response to the Sept. 9 decision of a central California federal judge that ruled the law implemented under President Clinton in 1993 was unconstitutional. Judge Phillips on Tuesday denied a government request to delay her order, the Associated Press reported. The Justice Department said the Obama administration will appeal to the appellate court in San Francisco. A Pentagon memo signed by Clifford Stanley, undersecretary for Personnel and Readiness, said gay recruits can begin the process to join but should be told what could happen later because "a certain amount of uncertainty now exists about the future of the 'don't ask, don't tell' law." He said, "During the process, they (recruiters) will say, 'You have to be mindful that this could be overturned.' " The Marine Corps also weighed in, issuing a directive to recruiters Tuesday that said: "Homosexual conduct, by itself, is not currently considered a bar to accession." Advocates for repealing the policy warned gays interested in serving to be careful. "If you come out now, it can be used against you in the future by the Pentagon," said the Servicemembers Legal Defense Network. Gen. James Conway, commandant of the Marine Corps, has said most Marines oppose reversing the "don't ask, don't tell" policy, which permits gays to serve as long as they are not open about their homosexuality. Critics say reversing the policy could hurt the effectiveness of troops during war. "My observation when we survey our Marines is that you're as likely to have Pfc's and lance corporals shoot their hand in the air when you ask the question about unit cohesion or good order and discipline (suffering) as you are the crusty old master sergeant," Conway said. He said opposition to gays serving openly is particularly strong within combat units. Defense Secretary Robert Gates ordered a task force to investigate the consequences of repealing the policy. Results are due Dec. 1. President Obama supports legislation to end the policy. "The president will work during the lame-duck (following the November election) to ensure that the bill is passed," spokesman Robert Gibbs said. Elaine Donnelly, president of the Center for Military Readiness, said the Pentagon was making "a big mistake" in accepting openly gay recruits. The military should have allowed court appeals to resolve the issue before acting, she said. Contributing: The Associated Press Guidelines: You share in the USA TODAY community, so please keep your comments smart and civil. Don't attack other readers personally, and keep your language decent. Use the "Report Abuse" button to make a difference. You share in the USA TODAY community, so please keep your comments smart and civil. Don't attack other readers personally, and keep your language decent. Use the "Report Abuse" button to make a difference. Read more