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My qualm isn't with don't ask don't tell. IMO who gives a shit at this point. My concern is that we are declaring parts of military law unconstitutional. Once you've set that legal precedent you have opened a very serious can of worms. You can't just say oh well that was don't ask don't tell thats different.
By declaring don't ask don't tell unconstitutional you open the door to saying anything in military law that is unconstitutional can be declared so. I just don't think this is the right way to modify the UCMJ.
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