Gay Ban in Military is Unconstitutional

A Federal Judge in California declares that she thinks the gay ban in the military is unconstitutional. She also says that she will help to stop it. She says that the ban is in a direct violation of the first ammendment rights of gays and lesbians. The policy says that the military doesnt ask about the soldiers sexual orientation but will ban any that are aknowledging being gay or involved in homosexual activitys. She says this policy does not help military readiness in any way.
I believe that the military should ask the orientation of the enlisted soldier to be fair to everyone else. Everyone should have the right to know about it to better protect their rights. If a homosexual were to be in the shower with other soldiers who are heterosexual it wouldnt be fair the the heterosexual soldier. Also i believe that the military shouldn't just kick them out of the force but should instead find a different solution such as maybe different showers for them or something along those lines. They should still be able to fight for their country but in fairness should have some differences that the normal heterosexual soldiers.
http://www.msnbc.msn.com/id/39089475/ns/us_news-life/