it IS illegal. it's morally WRONG. if you have issues with 'the' gays serving openly, GET THE HELL OVER IT. 'the' gays ARE serving in the military. they're your neighbors. they're your relatives. they're your FRIENDS (or they COULD be if you'd stop being so damn ignorant)
Judge in California rules on military's ban on openly gay service members
A federal judge in California said Thursday that the U.S. military's ban on openly gay service members violates the Constitution, the most recent in a string of court rulings overturning restrictions on the rights of the country's gay men and lesbians.
U.S. District Judge Virginia A. Phillips said the government's "don't ask, don't tell" policy is a violation of due process and First Amendment rights. Instead of being necessary for military readiness, she said, the policy has a "direct and deleterious effect" on the armed services.
Citing testimony at a two-week trial in July by experts and former service members, Phillips wrote: "All of these examples demonstrate that the act's restrictions on speech not only are broader than reasonably necessary to protect the government's substantial interests, but also actually serve to impede military readiness and unit cohesion rather than further these goals.".....................