Is the Military Ban on Gays Unconstitutional?

No, the military ban on gays is not unconstitutional.

Should there be a military ban on gays? This is a question for military science. Intuitively, I am of the opinion that the military ban is a prudent measure, one that helps maintain troop morale and discipline. Those who are gays need not join the military. Whether the military adopts a ban or not is, in any case, not a constitutional issue but an issue of military policy. This policy ought to be made in the relevant context of the times and the nature of the wars the United States is engaged in.

The proper political principle that should be invoked in making this decision is not one of adherence to the constitution but of the US military asserting its property rights as well as its exclusive and final right to determine military policy. This is not an issue that ought to be debated and then decided upon publicly or democratically in a mob-rule setup or with diktats from the Courts, the President, or the Senate but one that can be properly deliberated upon and then answered by military scientists. For instance, there may be certain kinds of jobs within the military that gays may be suited for such as desk jobs or certain technical/contractor jobs that may not require personnel to hold a military commission or rank.

Just as anti-discrimination/affirmative action laws as applicable to the private sector are unconstitutional so are any laws mandating military policy. Both are a violation of ownership and property rights. The only proper application of the political concept of anti-discrimination laws is in the government's recognition of each citizen's equality before the law irrespective of any factors such as sexual orientation, race, political views, national origin, etc. Thus, government-enforced racial segregation is unconstitutional but permitting a private white bar to deny entry to a black man or vice versa is not.

This also should not be confused with the right of every citizen, regardless of sexual orientation, to run for any public office. However, even for public office there are reasonable requirements for the job that must be met such as a minimum age limit, the requirement to be a US Citizen, and in case of the President the requirement to be a natural born citizen, etc. Indeed, in the interest of prudence and based on objective evidence, the gay military ban might even be extended to the post of President as he is Commander-in-Chief of the Armed Forces.