The military’s ban on openly gay service members is back in effect, but Defense Secretary Robert Gates has put the final decision on dismissals in the hands of six civilians, the Associated Press reported Thursday.

Gates ordered Thursday that all dismissals under “don’t ask, don’t tell” will be determined by the military’s general counsel, his personal chief and one of the four service secretaries. The six are civilian political appointees of an administration that supports legislative repeal of the ban.

A U.S. district judge recently found DADT unconstitutional. The Justice Department is appealing, which the administration contends is the traditional response when acts of Congress are challenged. On Wednesday, a federal appeals court temporarily froze the district judge’s order to stop enforcing DADT, and it will later determine whether to extend that freeze as the case continues.