Openly gay recruits will be allowed to join the military…for now. A federal judge on Tuesday formally refused to reinstate "don't ask, don't tell, denying the Obama administration's request to keep the ban in place while they are appealing the earlier ruling banning the policy. The Defense Department said Tuesday that it will accept openly gay recruits. All discharge cases have been frozen, and recruiters have been advised from high-ranking military officials to accept gay applicants, according to Pentagon spokeswoman Cynthia Smith, though they were warned that the legal status could still change. Many discharged gay soldiers are now attempting to re-enlist in the armed services, including Lt. Dan Choi, who was honorably discharged by the U.S. Army in July under "don't ask, don't tell," and is now in New York attempting to enlist in the U.S. Marine Corps, according to The Advocate.