The Obama administration let pass an early May deadline to appeal to the Supreme Court a case that could significantly affect the military’s "don’t ask, don’t tell" policy on gay servicemembers, The Wall Street Journal reported on Tuesday.

A federal appeals court in San Francisco ruled last year that more sufficient explanation was needed as to why Air Force Maj. Margaret Witt was discharged after it was discovered she is a lesbian. The Bush administration argued that homosexuals inherently pose a threat to unit morale and cohesion. The court decided that the government must prove why the specific presence of Witt would have such an effect.

President Barack Obama originally faced an early March deadline to appeal to the Supreme Court, but the administration was twice granted a one-month extension. The deadline passed this month without another extension granted, the Journal said, adding that the case will be returned to district court and administration officials plan to defend the policy there.

White House spokesman Ben LaBolt told the Journal that the president still aims to repeal the policy "in a sensible way that strengthens our armed forces and our national security" but added: "until Congress passes legislation repealing the law, the administration will continue to defend the statute when it is challenged in the justice system."