According to the Boston Globe...
"Defense Secretary Robert Gates warned Congress that failure to quickly repeal the ban would expose the military to a potentially disruptive court ruling. 'It is only a matter of time before the federal courts are drawn once more into the fray, with the very real possibility that this change would be imposed immediately by judicial fiat,' he said, calling that 'by far the most disruptive and damaging scenario I can imagine, and the one most hazardous to military morale, readiness, and battlefield performance.'''
No kidding. The question is, will Congress listen?