reporter: president obama and the pentagon will have to inform congress when they have drafted the new rules that will covern the new policy. the white house press secretary was asked if active duty gays and lesbians could come out now. if there is a series of implementing a and legal issues that lawyers in this building, as well as in the department of defense and the department of justice are working through and, obviously, working through a longer and larger implementing a policy process once the president signs the repeal into law. i don t have i don t, i wouldn t not want to be in a position to, at this point, give that legal advice. reporter: opponents have not given up. in virginia, republicans state delegate robert marshal said he will introduce a bill to ban gays and lesbians from serving openly in virginia s national guard. i think what we will probably and immediately see is some lawsuits filed. reporter: tom mcclusky&said much like supporters of the re