Don't tell, don't investigate?

It's not clear what, ultimately, the administration's intentions are here, and I know that Obama doesn't want DADT "on the front burner," but this seems like a no-brainer.

WASHINGTON -- The Obama administration has decided to accept an appeals-court ruling that could undermine the military's ban on service members found to be gay.

A federal appeals court in San Francisco last year ruled that the government must justify the expulsion of a decorated officer solely because she is a lesbian. The court rejected government arguments that the law banning gays in the military should have a blanket application, and that officials shouldn't be required to argue the merits in her individual case.

The administration let pass a May 3 deadline to appeal to the Supreme Court. That means the case will be returned to the district court, and administration officials said they will continue to defend the law there.

The move "takes the issue off the front burner," as a trial and subsequent appeals could take years before the question returns to the Supreme Court, said an official familiar with the matter.

The decision comes as President Barack Obama attempts a balancing act on gay rights. He was elected with strong support from the gay community and promised action on a number of issues. But mindful of the complex politics, the White House has moved slowly.

Maj. Witt, the plaintiff, did not "tell" anyone in the armed forces that she was a lesbian. The military investigated the oft-decorated officer to determine if she was a homosexual.

Obama wants Congress to take the lead and repeal the law. I get that. But given the growing acceptance of teh gay, lately, I doubt the majority of sentient Americans are now prepared to accept discharging capable officers when we are in the midst of two bloody wars. This is a relic of a culture war that is no longer operational.