It is absolutely the place for the civilian leadership to make this call. If it is up to the civilian leadership to decide on age requirements, whether to institute a draft, size and deployment of forces, it is up to them to decide what constitutes a legitimat candidate. With all the Western forces who have openly gay soldiers serving honorably and with little detriment to the mission, this policy has been proven foolish and unnecessary in it's denial of highly qualified individuals in positions vital to the defense of the United States. It is up to the military to salute, make it happen, and get over any personal objections they may have.