PJ Media

You are correct. The Courts are the arbiter of matters of constitutionality. Therefore, just because the Congress gave the DoD the authority to issue waivers does not necessarily mean that it is constitutional. That said, recognize that there is a presumption given to Congress that the laws it passes are Constitutional. I believe, in this case, that the waiver authority would be found constitutional. Just out of curiosity, would you take the same logical reasoning with “Don’t Ask, Don’t Tell?”