1.   But he added that he did not want to allow declared homosexuals to enter the military.

2.   In the Meinhold case, the appeals court also said military officials cannot presume that only declared homosexuals will commit acts that violate the code of conduct.

3.   That policy says recruits will not be asked about their sexual orientation, but that openly declared homosexuals will not be allowed to serve.

4.   That law prohibits the military from asking about sexual orientation but allows the discharge of declared homosexuals.

5.   The regulation also discriminates against declared homosexuals, while permitting gays who keep their sexuality a secret to continue their military service, he said.