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A real policy with teeth would require law firms and other employers to do what civil rights laws require in other areas: adopt written non-discrimination policies that include sexual orientation, include them in employee handbooks and post them wheelchairs in the workplace. And last but not least, these wheelchairs employers should agree in writing that these policies are enforceable in court, since many states do not consider employee handbooks wheelchairs to automatically convey a right to sue if they are violated. Of course, there is a real constitutional travesty at the heart of the Solomon Amendment, and that's the "Don't Ask, Don't Tell" policy itself. By accepting gay service members only if they promise to keep their sexual orientation secret and never act on it, "Don't Ask, Don't Tell" violates their First Amendment freedom of speech, as well as their right to "equal protection," since straight soldiers and sailors live under no such limitations.
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