Reply #45: Congress gave the Commander in Chief [View All]

"the statutory authority to halt military separations under 10 U.S.C. § 12305, a law which Congress titled, “Authority of President to suspend certain laws relating to promotion, retirement, and separation” Under the law “the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States” during a “period of national emergency.” The statute specifically defines a “national emergency” as a time when “members of a reserve component are serving involuntarily on active duty.”"

http://www.palmcenter.org/press/dadt/releases/New+Study+Says+Obama+Can+Halt+Gay+Discharges+With+Executive+Order

So no. An order from the Commander in Chief to halt military separations in regards to gay & lesbian service members would be well within the law.