[Lucky Dog]

Neither, the secretary of the Army nor any other federal official has the power to ignore public law.

TITLE 10 > Subtitle A > PART II > CHAPTER 37 > § 654

§ 654. Policy concerning homosexuality in the armed forces

(a) Findings.— Congress makes the following findings:

(1) Section 8 of article I of the Constitution of the United States commits exclusively to the Congress the powers to raise and support armies, provide and maintain a Navy, and make rules for the government and regulation of the land and naval forces.

(2) There is no constitutional right to serve in the armed forces.

(3) Pursuant to the powers conferred by section 8 of article I of the Constitution of the United States, it lies within the discretion of the Congress to establish qualifications for and conditions of service in the armed forces.

…. (15) The presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.

Uniform Code of Military Justice (UCMJ)

Article 125—Sodomy

“(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient 
to complete the offense.

(b) Any person found guilty of sodomy shall by punished as a court-martial may direct.”

[OldCorps]

1. as a civilian the secretary of the army is not subject to the UCMJ.

2. he took an oath the uphold the and defend the constitution. By breaking the law, he violates his oath. that is the issue.

[oneolcop]

I realize this, however the Sec of the Army still has influence over the enforcement of violations. The Generals, at least those above MG are also politicians, in that they can be retired at the discretion of the President. Since the Sec of the Army is appointed by the president, he has deligated authority to prosecute members of the Army, or not, at his discretion.

No matter how much we hate it, (and I do) they are in the position to allow Gays to serve. There are, obviously, homosexuals now in the services. That they will want to "come out" is about one thing: Power. The communists and their bedfellows are trying to take over all aspects of the nation and the military has been a bastion against them. They will try to take it down. Needless to say, I hate the prospect.

If the generals had any balls at all, they would fight and delay until after the November elections.

Or, failing that, they would resign enmasse.