There is legal uncertainty over the future of the Military’s controls on banning homosexuals by the Pentagon.

The “Don’t Ask, Don’t Tell” policy keeps swaying between on and off has been revoked and reinstated by U.S courts, further fueling confusion within the military. Activists are working to legally ensure the ban ends, as Congress had failed to come up with its own.

After an arduous 8 days ending Wednesday, the ban ceased to exist. Promptly, veterans who had been discharged for being gay started to apply to re-enlist across the states, thanks to a federal judge’s ruling.
Now that the ban has been in effect, some gay and lesbian troops who may have revealed their sexual orientation might be ready for discharge.

On Thursday Robert Gates, the Defense secretary, issued a memo under the “Don’t Ask, Don’t Tell” controls, stating gay and lesbian troops can serve their country in secret. However, they will be discharged if their orientation is uncovered.

The only people with authority to approve such discharges rest in the hands of different heads in the Navy, Army and air force, together with two other officials. This is a marked improvement where, in the past, other officers had the mandate to enforce the ban.

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