[Jacquerie]

Section 7 of Article 1 in our Constitution grants Congress the power to make rules for the government and regulation of our armed forces.

Certain rights and privileges in the military have always been curtailed.

It thus seems to me that an argument can be made that the courts do not have jurisdiction over rules regarding homosexuality.

[ThePythonicCow]

the [civil] courts do not have jurisdiction

Yes ... I doubt they have jurisdiction.