Hi DJ,
Maybe someone can help me. I have always believed that only Congress can change the original laws that state that homosexuality is not conducive to military service. Perhaps I am wrong, but if that is the case, then the only change that has been made is that Clinton’s compromise — don’t ask, don’t tell, has been struck down.
Which means the military can now “ask” and exclude from service anyone who does not measure up to the current military code. I have heard that the Army and Navy leadership think that anyone who believes that gays should not be able to serve openly, needs to leave the service. So they will probably order their people to allow gays to serve.
But I believe the Marine Corps and the Air Force agree with the current code and could start asking and excluding. The only thing that could stop it would be Congress changing the code. Fortunately, nothing even approaching DADT will come out of Congress anytime soon — certainly nothing codifying homosexuality.
At least it is my hope that the military will not change anytime soon, that we can elect a conservative president in 2012, and I pray that our military is never threatened in this way again.
And, yes, Congress regulates the military as it's one of their enumerated powers.