That order had told the military to stop enforcing the controversial policy.
Still, the possibility of a stay didn't stop some activists.
Discharged under "don't ask, don't tell," Lt. Dan Choi headed back into an Army recruiting center Wednesday morning to reenlist as an openly gay man.
"I think what the Obama administration should do is walk their talk and finally do something in manefesting equality for all people in America," Choi said.
Choi was able to do so under a Riverside federal judge's ruling that declared "don't ask, don't tell" unconstitutional, meaning military recruiters could not deny applications from people who disclose their sexual orientation.
The 1993 law says gays may serve but only if they keep secret their sexual orientation.
Some activists warned potential enlistees not to disclose their sexual orientation for fear the appeals court would rule in favor of the administration
Christopher Landavazo is a former Navy service member.
Landavazo said he believes the matter should be decided in the courts.
"We as Americans don't necessarily care about the politics," Landavazo said. "We just want to be able to serve our country and not be kicked out because of our sexuality."
President Obama said he supports repealing "don't ask ,don't tell," but only after the Pentagon's current review of the policy is completed..
The administration says it prefers the repeal comes from an act of Congress, and not from the courts.