"I told, but I told, of course, when I was a civilian," May recalled.
As he told 60 Minutes' Correspondent Ed Bradley, and as his attorney argued Saturday, May should be allowed to remain in the service until his orders expire in eight months.
"This completely flawed policy shouldn't apply to civilians," said Christopher Wolf, May's attorney.
As CBS News Correspondent Jacqueline Adams reports, gay activists see this case as another chance to chip away at a policy they call immoral.
"The army knowingly recalled him to active as an openly gay politician," said C. Dixon Osborne, an attorney with the Servicemembers Legal Defense Network. "Can it then just turn around and say we're going to kick you out?"
Osborne calculates that using its "don't ask, don't tell" policy, the Pentagon is kicking three people out of the military every day and that anti-gay harassment is skyrocketing.
Republican Arizona Sen. John McCain supports the policy and has also been a political supporter of May, a fellow Republican.
"Steven May was a reservist and was called back on active duty after being discharged. That really complicates the issue rather dramatically, and he deserves his day in court,"McCain said.
The Army has two options. It can discharge May or keep him despite his sexual orientation "for the good of the service." A final ruling is expected by Monday.
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