Don't Ask, Don't Tell

I had forgotten that the military's "Don't Ask, Don't Tell" policy (DADT) is not the law of the land, and never was. Section 654, Title 10 of the US Code specifically prohibits homosexuals from serving in the military, openly or otherwise.  DADT was simply a Clinton-issued policy directing DOD on how to implement the 1993 Act.

The current debate over repealing DADT obviously stems from widespread confusion over the facts. The common perception is that gays are allowed to serve in the military as long as they keep their mouths shut. But they are not. Repealing DADT, in and of itself, still leaves Section 654, Title 10, in tact. I.e., gays should be careful what they wish for; they may get it.
 
Legislative History of the Law Regarding Homosexuality in the Military