First off, let me qualify myself before I speak on this--for whatever reason--contentious subject. I am a disabled Desert Storm Era Veteran and a Peace Time Veteran, I served in various capacities from 1988-1995. In other words, I was on active duty when President Clinton issued the infamous "don't ask, don't tell" policy.

At the time, I was relieved by the change because it meant I would never be forced to ask a friend if they were gay, report them, and assist with their prosecution and removal from service under "less than honorable conditions."

Personally, I could care less who anyone else is having sex with, I have enough troubles in that arena myself, at times. I am not a homosexual (though everyone knew at least someone who was while they served), but I think it is an important enough subject, and since President Obama (foolishly, in my opinion), promised to rescind the policy, I thought it might be helpful for people to understand what this policy is.

"Don't ask, don't tell" is not a law, but rather the policy of the Executive Branch [specifically the Department of Defense (DoD)] interpreting existing law. It is an instruction to the DoD as to how and when they are allowed to prosecute under said statute, and in my opinion, is the most fair and best policy for all servicemen and women that any President can achieve regarding homosexuality. Why? Because the President, as anyone familiar with the legislative process laid out in our Constitution knows, does not create law, even military law. The main duty of the Executive Branch is simply to oversee their implementation.

All branches of service are governed by the same set of laws: The Uniformed Code of Military Justice (UCMJ). This system of regulations, set forth as "articles," determine what conduct is not allowed by servicemen and women, and, for those personnel, supersedes amendments to the constitution, such as Free Speech. The UCMJ is brutal at times as one can be confined for two weeks if they are mere seconds late to work. The draconian nature is necessary to maintain enough discipline (read: fear of punishment) to get people to do the insane things like charge machine gun nests, shoot at tanks with little hand-held rockets, move under fire to retrieve wounded, etc, that may be necessary in modern warfare. It's ironic that the very people who fight for our freedoms, don't actually enjoy many of them.

The first prosecution under Courts Martial, and expulsion from military service, of any US serviceman for sodomy occurred in 1778, when Lieutenant Frederick Gotthold Enslin, was dishonorably discharged from the Continental Army. The action was approved by none other than General George Washington. During the 1940s, the Army distinguished homosexual sodomy from heterosexual sodomy, and lessened the penalties for the later. During Vietnam, the so-called "Queen-for-a-day" defense was often allowed (during wartime, you could be retained if you got caught engaging in homosexual activities, provided you stated under oath that it was the first--and last--time you had or would perform such an act). In 1981, this defense was removed. In 1993, Congress rewrote Title 10, USC, which governs homosexual conduct and military personnel.

Excerpt from United States Code - TITLE 10 - Subtitle A - PART II - CH 37 - § 654

"(b) Policy.-- A member of the armed forces shall be separated from the armed forces under regulations prescribed by the Secretary of Defense if one or more of the following findings is made and approved in accordance with procedures set forth in such regulations:

(1) That the member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are further findings, made and approved in accordance with procedures set forth in such regulations, that the member has demonstrated that--

(A) such conduct is a departure from the member’s usual and customary behavior;

(B) such conduct, under all the circumstances, is unlikely to recur;

(C) such conduct was not accomplished by use of force, coercion, or intimidation;

(D) under the particular circumstances of the case, the member’s continued presence in the armed forces is consistent with the interests of the armed forces in proper discipline, good order, and morale; and

(E) the member does not have a propensity or intent to engage in homosexual acts.

(2) That the member has stated that he or she is a homosexual or bisexual, or words to that effect, unless there is a further finding, made and approved in accordance with procedures set forth in the regulations, that the member has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts.

(3) That the member has married or attempted to marry a person known to be of the same biological sex."

Basically, the only way to change "Don't ask, don't tell," is by, quite literally, an act of Congress.

"Don't ask, don't tell" is a policy meant to protect gays from witch hunts by clarifying how the military may proceed to investigate something Congress has said is a crime (namely, homosexuality). Homosexual orientation cannot bar someone from service, nor can that be the only condition for discharge. Being openly gay, in virtually any form, however, is a crime in the military. Since Congress passed the law, only Congress may repeal it. Any policy changes the President put in place without Congressional action would therefore be in name only.