The court denied a request from a gay rights group, the Log Cabin Republicans, that asked the court to intervene in the law's enforcement, according to The Associated Press. The court did not comment on the case.
A federal judge ruled last month that the policy violated the rights of gay Americans and issued an injunction that bars the Pentagon from enforcing it. Still, the San Francisco appeals court said the law could remain in place while it considers a government appeal.
"Log Cabin Republicans are disappointed that the Supreme Court decided to maintain the status quo with regards to 'don't ask, don't tell,' but we are not surprised," R. Clarke Cooper, executive director of the group, said in a statement. "We are committed to pursuing every avenue in the fight against this failed and unconstitutional policy."
President Barack Obama has said that Congress should resolve the issue, rather than the courts. The administration has defended the law in court even as it calls for repeal.
The policy has been controversial since it was enacted in 1993. Military leaders have warned against an abrupt change in policies. A recent Pentagon study said that removing the policy would create only minimal risk, Reuters reported.
Justice Elena Kagan did not take part in the court's decision, as she previously served as the administration's top Supreme Court lawyer.
Cooper vowed to continue pushing for the repeal of the policy in the courts and on Capitol Hill.
"Log Cabin will continue working to secure the votes needed for legislative repeal, and if necessary, we look forward to seeing President Obama's attorneys in court next year to prove, once again, that 'don't ask, don't tell' doesn't work," Cooper said.





