The Senate Armed Services Committee has confirmed that a scheduled November hearing on the repeal of “Don’t Ask, Don’t Tell” (DADT) has been indefinitely postponed. The delay has been attributed to the pressures of Committee work on other issues, including the recent shootings at Ft. Hood, Texas and the possibility of sending additional troops to Afghanistan.

Committee Chairman Carl Levin said that one possibility for ending DADT could be attaching the legislation to the 2011 Defense Reauthorization Bill, a tactic that was used to pass hate crimes legislation this year. This approach is supported by the White House and several Democratic leaders in the House.

Once more, the Obama Administration is in federal court defending government-mandated discrimination against gay and lesbian Americans. This time, it's Don't Ask Don't Tell, in a case arising in a California federal district court.

Previously, DoJ asked the district court to dismiss the lawsuit filed by the Log Cabin Republicans, arguing that Ninth Circuit precedent already clearly addresses the legal issues in favor of the Administration. The court denied the motion to dismiss and allowed discovery to proceed, and the Log Cabin Republicans filed their request for discovery. (Discovery is the pretrial phase of a lawsuit where each party can compel the other parties to turn over documents and other evidence that may be relevant to the case.)

So on Friday, the Department of Justice filed what's called a motion to certify order for interlocutory appeal (legalese for "we want to appeal the court's decision now, instead of waiting until the end of the trial") to avoid its obligation to respond to the discovery requests. The Administration is arguing that the case will eventually be dismissed. Since the plaintiff's discovery requests are so "burdensome" for the Administration, appealing the court’s decision not to dismiss the case will "materially advance the ultimate termination of this litigation."

If the Administration is concerned about bureaucratic burdens, the President can issue a stop-loss order and freeze the anti-gay machinery that is destroying lives and weakening our armed forces.

And if he wants to "materially advance the ultimate termination of this litigation," there's a better way than an interlocutory appeal. That would be for President Obama to show some leadership on this issue. He ought to give a timeline for repealing Don't Ask Don't Tell and push Congress to act on it.