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10-20-2010, 12:00 AM
AP - Tuesday, October 19, 2010 11:49:37 By ANNE FLAHERTY and JULIE WATSON
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The military is accepting openly gay recruits for the first time in the nation's history, even as it tries in the courts to slow the movement to abolish its "don't ask, don't tell" policy.

Some gay activist groups were planning to send people to enlist at recruiting stations to test the Pentagon's Tuesday announcement.

Meanwhile, a federal judge in California who overturned the 17-year policy last week was likely to reject the government's latest effort to halt her order telling the military to stop enforcing the law.

The Justice Department will likely appeal if she does not suspend her order.

The Defense Department has said it would comply with U.S. District Judge Virginia Phillips' order and had frozen any discharge cases. Pentagon spokeswoman Cynthia Smith said recruiters had been given top-level guidance to accept applicants who say they are gay.

Recruiters also have been told to inform potential recruits that the moratorium on enforcement of the policy could be reversed at any time, if the ruling is appealed or the court grants a stay, she said.

While activists were going to enlist, gay rights groups were continuing to tell service members to avoid revealing that they are gay, fearing they could find themselves in trouble should the law be reinstated.

"What people aren't really getting is that the discretion and caution that gay troops are showing now is exactly the same standard of conduct that they will adhere to when the ban is lifted permanently," said Aaron Belkin, executive director of the Palm Center, a think tank on gays and the military at the University of California Santa "Yes, a few will try to become celebrities."

An Air Force officer and co-founder of a gay service member support group called OutServe said financial considerations are playing a big role in gay service members staying quiet.

"The military has financially trapped us," he said, noting that he could owe the military about $200,000 if he were to be dismissed.

The officer, who asked not to be identified for fear of being discharged, said he's hearing increasingly about heterosexual service members approaching gay colleagues and telling them they can come out now.

Smith also said more gay service members are coming out to their peers who are friends, while keeping their orientation secret from leadership. Smith said he has come out to two peers in the last few days.

"People are coming out informally in their units," Smith said. "Discussions are happening right now."