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And the current SCOTUS has the same fundamental makeup as when Lawrence vs. Texas was decided, whereas this is even more obviously an equal protection issue. When a lower court took up the issue of whether Lawrence applied to the military, the existing congressional "finding" that homosexuality was detrimental to military discipline was the only thing that they hung their rather circular decision not to strike down Article 125 of the UCMJ on.
In any event, there will never be a President Palin or Bachmann, and almost certainly no Republican in the White House before 2017, so there's even more time for the current policy to solidify.
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