"Don't Ask, Don't Tell": A Legal Analysis

Abstract

In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised "[p]olicy concerning homosexuality in the armed forces." The legislation reflected a compromise regarding the U.S. military's policy toward members of the Armed Forces who engage in homosexual conduct. This compromise, colloquially referred to as "Don't Ask, Don't Tell (DADT)," holds that "[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability." Service members are not to be asked about, nor allowed to discuss, their sexual orientation. This compromise notwithstanding, the issue has remained both politically and legally contentious.

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Document Details

Document Type
Technical Report
Publication Date
Dec 20, 2010
Accession Number
ADA545799

Entities

People

  • Jody Feder

Organizations

  • Library of Congress

Tags

Communities of Interest

  • Biomedical
  • Human Systems

DTIC Thesaurus Topics

  • Air Force
  • California
  • Congress
  • Court Martial
  • Department Of Defense
  • Governments
  • Homosexuality
  • Law
  • Military Personnel
  • National Security
  • Personnel Management
  • Public Health
  • Sex
  • Sexual Orientation
  • Supreme Court
  • Therapy
  • United States

Readers

  • Aerospace Propulsion Engineering.
  • Military History of the United States in the 20th Century.
  • Political Violence and Terrorism Studies.