A month ago, Judge Virginia Phillips ruled Don’t Ask Don’t Tell unconstitutional, and today, she issued a permanent injunction against the policy, forbidding the military from conducting investigations or proceeding with separations:

A federal judge in California issued a permanent ban Tuesday on the Pentagon’s “don’t ask, don’t tell” policy on gays and lesbians in the military, ordering the Defense Department to immediately halt any efforts to remove personnel because of their sexual orientation.

The government has 60 days to appeal the ruling, which gives the administration until after the midterm election next month to make a decision. But it also presents a problem for President Obama as he tries to rally his Democratic base.

As a presidential candidate, Obama said he would work to do away with the policy. But should the Justice Department appeal the ruling, it could anger many of the president’s liberal supporters, something Obama and congressional Democrats can ill afford.

In a separate case that posed a similar problem, the administration decided Tuesday to appeal two court rulings in Massachusetts that found unconstitutional the federal definition of marriage as between a man and a woman.

The administration filed a notice of appeal to protect the 1996 Defense of Marriage Act, or DOMA, which bars gay marriages, although Obama opposes the law. A Justice Department spokeswoman told the Associated Press that the administration was obligated to defend federal laws when challenged in court.

So we know where this is going. On November 3, when there is no immediate electoral consequence, the DoJ will file an appeal, because, to paraphrase Kanye West, Barack Obama doesn’t care about gay people,

If Congress wants to change the law, there will be no support from the White House, and we know this because there has been no support from the White House, but rest assured he’ll probably sign a repeal if it hits his desk, because it’s the easy thing to do.