In an eight-page order, two judges said they were persuaded by the Department of Justice's argument that U.S. District Court Judge Virginia Phillips' worldwide injunction against the policy "will seriously disrupt ongoing and determined efforts by the Administration to devise an orderly change."
"The public interest in enduring orderly change of this magnitude in the military – if that is what is to happen – strongly militates in favor of a stay," Judges Diarmuid F. O'Scannlain and Stephen S. Trott wrote in their majority order. "Furthermore, if the administration is successful in persuading Congress to eliminate (the policy), this case and controversy will become moot."
Another reason they gave for imposing the freeze was decisions by four other federal appeals courts that cast doubt on whether Phillips exceeded her authority and ignored existing legal precedents when she concluded gays could not serve in the military without having their First Amendment rights breached.
This is another case of: "Why is it illegal to do X?" Where X is something that many people do openly in public. If it is illegal for gays to serve the country in the military, then how can it be legal for gays to run for office or teach in public schools? What is the basis for this unequal treatment under the law?
