"Never fear. Him is here" - Captain Chaos (Dom DeLuise), Cannonball Run
Mace Windu: Then our worst fears have been realized. We must move quickly if the Jedi Order is to survive.
I think you've made a very good comparison with the 3/5th rule. I'm quite impressed actually.
The rules are such that if you are married to someone of the same sex, you can't be in the military. Yet there is also another rule that says as long as you don't make it known that you're homosexual, you can be in the military.
So which is it? Can a homosexual be in the military or not? You can't have rules having it both ways.