In the latest legal twist on the military’s ‘don’t ask, don’t tell’ policy, a San Francisco federal appeals court reinstated the law but ordered the government not to investigate, penalize or discharge any soldier who is openly gay.

It’s another curve in the military’s path toward rescinding the 1993 law that barred military service by gays and lesbians who disclose their sexual orientation.

The Ninth U.S. Court of Appeals in San Francisco issued a ruling late Friday to restore the policy after the Department of Justice asked it to reconsider its July 6 ruling to end it immediately.

The three-member panel based its ruling on new information received in a declaration from Marine Major General Steven A. Hummer, who is leading the effort to repeal the policy. The government said ending the policy now would ‘undermine carefully crafted efforts’ to bring about an ‘orderly transition’ in the rule. Only one person has been discharged because of the policy in 2011.

While the court reinstated the policy, it barred the military from ‘investigating, penalizing, or discharging anyone from the military pursuant to the Don’t Ask, Don’t Tell policy.’

Congress has already voted to repeal ‘don’t ask, don’t tell.’ But the repeal was due to take effect […]