US Military recruiters told they can accept openly gay applicants

From CNN: 

Washington (CNN) -- The Pentagon has advised recruiting commands that they can accept openly gay and lesbian recruit candidates, given the recent federal court decision that bars the military from expelling openly gay service members, according to a Pentagon spokeswoman.

The guidance from the Personnel and Readiness office was sent to recruiting commands on Friday, according to spokeswoman Cynthia Smith.

The recruiters were told that if a candidate admits he or she is openly gay, and qualify under normal recruiting guidelines, their application can be processed. Recruiters are not allowed to ask candidates if they are gay as part of the application process.

The notice also reminded recruiters that they have to "manage expectations" of applicants by informing them that a reversal of the court decision might occur, whereby the "don't ask, don't tell" policy could be reinstated, Smith said.

Federal Judge Virginia Phillips in California is expected to decide Tuesday whether she will stay her injunction against "don't ask, don't tell" at the request of the government, which is appealing her ruling. Phillips, who ruled in September that the policy is unconstitutional, indicated in court on Monday she is unlikely to stay her ruling, in which case the government will ask the appeals court to do so.

Groups representing gays and lesbians have warned against coming out to the military because the policy is still being appealed in courts.

One group, the Servicemembers Legal Defense Network, sent a statement out Tuesday reiterating the concern.

"During this interim period of uncertainty, service members must not come out and recruits should use caution if choosing to sign up," said SLDN Executive Director Aubrey Sarvis in the statement. "The bottom line: if you come out now, it can be used against you in the future by the Pentagon."

Judge Phillips' ruling on "don't ask, don't tell" stemmed from a lawsuit by Log Cabin Republicans, a gay rights group, challenging the policy.

Former Army Lt. Daniel Choi, an Iraq war combat veteran who challenged "don't ask, don't tell" and was discharged, moved to rejoin the military Tuesday afternoon. "I'm here because I want to serve my country," he said.

"In the recruiting station. Apparently I'm too old for the Marines!" he said in a tweet. "Just filled out the Army application."

Choi said he told recruiters he was gay and that there was no reaction or delay in the enlistment process. He indicated he would complete his paperwork Wednesday and that he did not care what rank he would assume.

Will Rodriguez-Kennedy, president of Log Cabin Republicans' San Diego, California, office, said he was was headed Tuesday afternoon to re-enlist.

"Once a Marine, always a Marine," said Rodriguez-Kennedy, a lance corporal who was honorably discharged in February 2008.

He served three years of a four-year term. "It's a feeling of not having completed a full tour," he said.

Rodriguez-Kennedy, 23, served as a provisional military police officer in Iraq in 2007. He said he was open to new responsibilities.

"I love the Marine Corps," he told CNN.

CNN called several recruiting stations in New York and Chicago. They referred inquiries to the Pentagon.