A U.S. federal appeals court has ordered the Obama administration to immediately lift the ban on gays serving in the military.

A lower court judge ruled earlier this year that the ban is not constitutional, but decided to keep it in place while she reviews the issue.

On Wednesday, the appeals court noted that both President Barack Obama and Congress decided last year to scrap the ban.

A law passed and signed by the president in December repealed the ban. But final implementation will not happen until 60 days after the president and his senior advisers certify that lifting the ban will not hurt the military's ability to do its job.

The appeals court pointed out Wednesday that the Pentagon already has started making plans on how to adjust to gay servicemen and women serving openly.

Informally known as “Don't ask, Don't tell,” the policy banning homosexuals from serving openly came into force during the Clinton administration in 1993. It forbids commanders from asking about a soldier's sexual orientation. But those discovered to be gay can be discharged.