Mullen and the perfumed princes of the pantywaist Pentagon do not agree. They have already grabbed their ankles for the homo political lobby, and the only prosecutions they will sanction will be for "hate crimes" - - normal servicemen will be prosecuted every time a homo feels intimidated in any way.
Next comes quotas for homo officers. Count on it.
Time will tell, but there are many other avenues for commanders and 1st Sgts to pursue when it comes to these types of situations.
I have a great amount of faith in the military folks at the unit level to understand the breakdown in discipline that can occur if abherrent behavior isn’t corrected or stopped and for them to take appropriate measures. Perfumed princes are politicians, pure and simple. Yet, as you imply, they are in positions that could make things difficult for commanders.
The US military is very professionalized. The vast majority take their jobs quite seriously, as they should. They will not tolerate, let alone, permit an individual to create an atmosphere that causes servicemembers to lose focus on their mission.