It is complete and utter BS to say "Obama HAS to appeal DADT decision".

[Statistical]

The DOJ has a duty to defend CONSTITUTIONAL laws. When the court renders a decision there is nothing that requires either party to appeal it. Routinely agents of the government (of all levels) accept the decisions of the court. Very few (less than 1/100th of 1%) of all cases ever get to the Supreme Court. Virtually all are settled at lower levels of the court. Obviously somewhere along the line one party decided not to pursue the issue further (or at the least accepts they have no reasonable chance of winning).

The judge laid out the specific reasons why DADT is Unconstitutional. He didn't just say "gays should serve because it would be nice". He said:

So Held: Don’t Ask, Don’t Tell Act violates Log Cabin members' substantive due process rights because it does not significantly further the Government's interests in military readiness and unit cohesion. The Act also violates Log Cabin members' free speech rights because its restrictions on speech are not only broader than reasonably necessary to protect the Government's substantial interests, but also impede military readiness and unit cohesion.

The administration could accept the decision of Judge Philips. They are not compelled to act against the pursuit of justice. They aren't compelled to blindly defend any and all laws no matter how unjust. Now if DOJ believes that "reasonable arguments" can be made to the Constitutionality of DADT then (and ONLY THEN) are they bound to vigorously defend it. The Obama administration hasn't defended every law challenged, no administration ever has. Defense of DADT indicates that at least some element of the administration believes the law IS CONSTITUTIONAL and are defending it with the intent to see that resolution. The idea they are def

I mean if Congress passed a law making slavery legal (or some other abomination of justice) is anyone going to sit here a exlaim that Obama has to defend a law making himself a slave? Really? I mean WTF people. Anyone defend the actions of the administration in this case are simply blind to any errors Obama can make not matter how egregious. It is beyond pathetic.

Edited for some horrible grammar (sorry I got worked up).