WASHINGTON -- While lawyers in California duke it out over whether gay couples have the right to marry, one lawmaker in Washington is turning up the heat on giving gays the right to serve in our armed forces. This week, Rep. Ellen Tauscher introduced a bill that would repeal the controversial "don't ask, don't tell" policy that was put in place in 1993 under former President Bill Clinton. Tauscher needs the support of 218 House members and 60 Senators to get it to the president's desk. We talked to Tauscher as well as Lt. Col. Bob Maginnis (Ret.) who advised the study group that came up with the policy about the odds of it getting passed and what it means for the military.

ON DON'T ASK DON'T TELL

Both Tauscher and Maginnis agree it's a flawed policy.

"This is the legacy of a policy that was badly managed everyone agrees," Tauscher said. "This was not meant to be a 16-year-old policy. It was meant to be an interim policy, it was a compromise during Pres. Bill Clinton's time when he got significant pushback from people like the Chairman of the Joint Chiefs of Staff, (Gen.) Colin Powell and Sam Nunn of Georgia, who have both changed their minds."

"It was a political backroom deal and no, it didn't work," Maginnis said. "It's a pretense because homosexuals have to pretend they're not homosexuals and the military has to pretend it doesn't care that homosexuals serve, which it does...Keep in mind for 232 years we've had in place some type of ban on homosexual service because of Bill Clinton's statement back in 1992 we ended up with a statute that says legally, homosexuals can't serve."

HAS THE CULTURE CHANGED?

Tauscher said there's evidence the public is ready for the policy to change.

"At the time of don't ask, 50 percent of the American people were for, 50 percent against," Tauscher said."Now 75 percent of the American people want to change the policy. A number of our major allies--Canada, England, France, all have people serving openly. I think the social change has arrived. I think it's important to do everything we can to review the policy in an appropriate way. "

However, Maginnis believes public opinion shouldn't be the determining factor.

"The climate has changed in the culture there's no question about it--we have a very sympathetic audience out there in America to homosexuals. The problem is the military hasn't as an organization changed...The cold realities of the battlefield, whether it's Iraq or Afghanistan or the horn of Africa, that has not changed at all," Maginnis said. "The issues we presented in the task force in '93 are still very relevant today. I don't think at the end of the day Adm. Mullen, any of the chiefs, will go along and say, 'Yes, this is in the best interest of the service.'"

Click here to listen to Maginnis explain why he thinks gays should not be allowed to serve.

Click here to listen to Tauscher's explanation of why this policy needs to change now.