Question is, depending on how the policy is rewritten, can people use it as an excuse not to get discharged.
IE, "Your not discharging me because I accidentally shot a 2nd LT in the back, your just doing it because I'm gay!"
"Your not discharging me because I refuse to walk more than 1mph without an assistant bringing cold vitamin enriched water with me, your just discharging me because I'm gay!".
IMO - the don't ask don't tell could use some adjustment, but it wasn't intended to keep gays out of the military. It does keep "gay" from being an excuse for anything.
Not bashing, and not disagreeing really. Most gays in the military have no problems, and already serve with honor. And if only 672/tens to hundred thousand+ got discharged last year, the vast majority stay in the military and have long careers.
The problems you seek to fix can very well open up new doors. If the policy is written in such a way that you can challenge a discharge or sue on the premise of being gay, you just created a bigger problem then you did a solution. How many straight guys would switch sides just for that
Would you have said the same statements above if you had served with the theatrical, shirt tied in knot, can't eat meat from MRE's so have to have everyone bring fresh fruit for him, refuses to shoot at the enemy, won't carry 80 pounds of gear homosexual - and your CO can't discharge him because "well, he's gay, captain" to speak nothing of his quality and skill as a soldier?
For the record, I have zero problems with homosexuals. They can do what they want. I do have problems with people that are "protected" from any action because of something completely unrelated.