SAN FRANCISCO, Calif. –

The Log Cabin Republicans (LCR), a Republican gay rights group, is taking the Don’t Ask, Don’t Tell fight all the way to the Supreme Court.

Lawyers for LCR asked the high court to vacate a 2-1 decision by the 9th U.S. Circuit Court of Appeals until it considers the government’s appeal of the judge’s decision declaring the policy unconstitutional.

 “Unless the court of appeals stay is vacated, the respondents will be free to continue to investigate and discharge American service members for no reason other than their homosexuality, in violation of their due process and First Amendment rights,” the LCR’s lawyer wrote in its appeal.

The request was directed to Justice Anthony Kennedy, who handles emergency motions from the 9th Circuit. President Barack Obama, meanwhile, has pledged to push the Senate to repeal the policy in the lame duck session before a new Congress is sworn in. “It is unfortunate the Obama Justice Department has forced the Log Cabin Republicans to go to the Supreme Court,” R. Clarke Cooper, the group’s executive director, said. In their filing Friday, Log Cabin lawyers disputed that the military would be harmed if the policy were suspended immediately.