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Mr. Woods said the administration should be seizing the opportunity to let a judge do what politics has been unable to do.

The “don’t ask, don’t tell” policy prohibits the military from asking about the sexual orientation of service members but bans those who are gay from serving openly. Under the 1993 policy, service men and women who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base, are subject to discharge.