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Originally Posted by Psi U MC Vito
UCMJ is amended by Congress. Though IIRC, DADT isn't a separate article. Those are processed as general article cases. I could be wrong though.
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DADT is a law but didn't amend the UCMJ. It just said that you couldn't seek out whether or not someone was gay and that as long as the person didn't "admit" to it they could be gay in the military.
The UCMJ currently states that homosexual conduct (not like on the front lines but AT ALL) is grounds for separation.
(The policy is in pdf form here) And it puts into practice this US Code:
10 USC 654
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(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.
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So, currently, revoking DADT doesn't solve the problem that being gay in the military will get you discharged.