The federal government, the founding fathers, the Continental Congress and then the regular Congress when the Constitution was ratified, all knew that marriage had to be legally decided on and recognized in the military, just as they decided that homosexuals could not serve, no crime is prosecuted until it is discovered. Do you really think that homosexuals are invisible and don’t make mistakes? George Washington himself sentenced discovered homosexuals, it was the law.
You seem baffled about how George Washington could have sufficient evidence to punish homosexuals, I don’t get your concept that no one can catch out someone’s sexual activities.
Don’t you realize that happens all the time?
I also don’t get what you want from it, it doesn’t seem very libertarian of you to be supporting returning to the same laws regarding gays in the military that I and George Washington support/ed of any gay found out, being punished and removed from service and today that their legal gay marriages not be recognized by the military.
I'm not saying there can't be evidence — I'm asking how you propose to keep homosexuals out of the military by law: are they supposed to self report? Is Recruiter/Enlistment-officer K going to even know if the enlistee is homosexual? HOW? Again, if the enlistee keeps his pants on, how is "the law" going to know he's a homosexual?
Would not going out and getting girls with the guys, or not going to strip clubs be evidence enough? Because I didn't do that in the Army -- because (a) I don't care to go to a strip club, and (b) because I do want to honor my God's strictures on marriage, meaning within the confines of marriage -- but, so far as I know, there's nothing stopping someone from leveling the charge that I'm homosexual because, [obviously] by my actions, I'm not into girls.
And, again, I don't think Law is the proper place to address the issue. In the end it's addressing a symptom, not addressing the problem, of issues of the heart.