The Supreme Court today declined to reverse a Ninth Circuit Court of Appeals ruling that let the military continue to discriminate against gay and lesbian servicemembers while the legal battle against Don’t Ask Don’t Tell continues. The ban on openly gay Americans serving in the military was stopped temporarily after a federal judge in California ruled the policy unconstitutional. The Ninth Circuit demanded that enforcement continue while the case makes its way through the court system.

The high court’s decision makes it even more urgent for Congress to repeal Don’t Ask, Don’t Tell during this years’s lame duck session. With a strong Republican majority in the House next year—including many new members who are not at all open to LGBT equality—there will be little hope for legislative repeal.

In the meantime, the vast majority of Americans, across party lines, continue to oppose Don’t Ask Don’t Tell. One of these Americans is Cindy McCain, whose husband John McCain is the leading the Senate effort to keep the discriminatory policy in place. Watch the video Cindy McCain made for the anti-bullying group NO H8, in which she slams Dont Ask Dont Tell: “Our government treats the LGBT community like second class citizens, why shouldn’t [bullies]?”