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Don't ask, don't tell

The policy was introduced as a compromise measure in by President Bill Clinton who campaigned in on the promise to allow all citizens to serve in the military regardless of sexual orientation. Military Personnel Policy: Options and Assessment. It concluded that "circumstances could exist under which the ban on homosexuals could be lifted with little or no adverse consequences for recruitment and retention" if the policy were implemented with care, principally because many factors contribute to individual enlistment and re-enlistment decisions.

Herek , associate research psychologist at the University of California at Davis and an authority on public attitudes toward lesbians and gay men, testified before the House Armed Services Committee on behalf of several professional associations. He stated, "The research data show that there is nothing about lesbians and gay men that makes them inherently unfit for military service, and there is nothing about heterosexuals that makes them inherently unable to work and live with gay people in close quarters. In Congress, Democratic Senator Sam Nunn of Georgia led the contingent that favored maintaining the absolute ban on gays.

Reformers were led by Democratic Congressman Barney Frank of Massachusetts , who favored modification but ultimately voted for the defense authorization bill with the gay ban language , and Barry Goldwater , a former Republican Senator and a retired Major General, [34] who argued on behalf of allowing service by open gays and lesbians. In a June Washington Post opinion piece, Goldwater wrote: "You don't have to be straight to shoot straight". Congress rushed to enact the existing gay ban policy into federal law, outflanking Clinton's planned repeal effort.

Clinton called for legislation to overturn the ban, but encountered intense opposition from the Joint Chiefs of Staff , members of Congress, and portions of the public.

DADT emerged as a compromise policy. The phrase was coined by Charles Moskos , a military sociologist. In accordance with the December 21, , Department of Defense Directive The "Don't Ask" provision mandated that military or appointed officials will not ask about or require members to reveal their sexual orientation. The "Don't Tell" stated that a member may be discharged for claiming to be a homosexual or bisexual or making a statement indicating a tendency towards or intent to engage in homosexual activities.

It ensured that the military would not allow harassment or violence against service members for any reason. The Servicemembers Legal Defense Network was founded in to advocate an end to discrimination on the basis of sexual orientation in the U. Armed Forces. Forum for Academic and Institutional Rights, Inc. An association of law schools had argued that allowing military recruiting at their institutions compromised their ability to exercise their free speech rights in opposition to discrimination based on sexual orientation as represented by DADT. McVeigh won a preliminary injunction from a U.

Navy for "homosexual conduct" after 17 years of service. His lawsuit did not challenge the DADT policy, but asked the court to hold the military accountable for adhering to the policy's particulars. Cohen that the Navy had violated its own DADT guidelines: "Suggestions of sexual orientation in a private, anonymous email account did not give the Navy a sufficient reason to investigate to determine whether to commence discharge proceedings. The case also attracted attention because a navy paralegal had misrepresented himself when querying AOL for information about McVeigh's account.

Frank Rich linked the two issues: "McVeigh is as clear-cut a victim of a witch hunt as could be imagined, and that witch hunt could expand exponentially if the military wants to add on-line fishing to its invasion of service members' privacy. McVeigh reached a settlement with the Navy that paid his legal expenses and allowed him to retire with full benefits in July.

The New York Times called Sporkin's ruling "a victory for gay rights, with implications for the millions of people who use computer on-line services". In July the Secretary of the Air Force ordered her honorable discharge. Dismissed by the district court, the case was heard on appeal, and the Ninth Circuit issued its ruling on May 21, Its decision in Witt v.

Department of the Air Force reinstated Witt's substantive-due-process and procedural-due-process claims and affirmed the dismissal of her Equal Protection claim.

Texas , determined that DADT had to be subjected to heightened scrutiny, meaning that there must be an "important" governmental interest at issue, that DADT must "significantly" further the governmental interest, and that there can be no less intrusive way for the government to advance that interest. The Obama administration declined to appeal, allowing a May 3, , deadline to pass, leaving Witt as binding on the entire Ninth Circuit, and returning the case to the District Court.

Leighton ruled that Witt's constitutional rights had been violated by her discharge and that she must be reinstated to the Air Force. The government filed an appeal with the Ninth Circuit on November 23, but made no attempt to have the trial court's ruling stayed pending the outcome. She will retire with full benefits. The government argued that DADT was necessary to advance a legitimate governmental interest.

According to plaintiffs, these statements alone satisfied their burden of proof on the due process claims. On September 9, , Judge Virginia A. Phillips ruled in Log Cabin Republicans v. United States of America that the ban on service by openly gay service members was an unconstitutional violation of the First and Fifth Amendments. Supreme Court refused to overrule the stay. The constitutional issues regarding DADT are well-defined, and the District Court focused specifically on the relevant inquiry of whether the statute impermissibly infringed upon substantive due process rights with regard to a protected area of individual liberty.

Engaging in a careful and detailed review of the facts presented to it at trial, the District Court properly concluded that the Government put forward no persuasive evidence to demonstrate that the statute is a valid exercise of congressional authority to legislate in the realm of protected liberty interests. See Log Cabin, F. Hypothetical questions were neither presented nor answered in reaching this decision. On October 19, , military recruiters were told they could accept openly gay applicants. LCR opposed the request, noting that gay personnel were still subject to discharge.

On January 28, , the Court denied the Justice Department's request.

On March 28, the LCR filed a brief asking that the court deny the administration's request. In , while waiting for certification, several service members were discharged under DADT at their own insistence, [68] until July 6 when a three-judge panel of the Ninth Circuit Court of Appeals re-instated Judge Phillips' injunction barring further enforcement of the U. On July 15, the Ninth Circuit restored most of the DADT policy, [71] but continued to prohibit the government from discharging or investigating openly gay personnel.

Following the July murder of Army Pfc. Barry Winchell , apparently motivated by anti-gay bias, President Clinton issued an executive order modifying the Uniform Code of Military Justice to permit evidence of a hate crime to be admitted during the sentencing phase of a trial. Fitness to serve should be based on an individual's conduct, not their sexual orientation. Carl E. Mundy Jr. He also argued against any change in the policy, writing in the New York Times : "Conduct that is widely rejected by a majority of Americans can undermine the trust that is essential to creating and maintaining the sense of unity that is critical to the success of a military organization operating under the very different and difficult demands of combat.

Opponents of the policy focused on punishing harassment in the military rather than the policy itself, which Sen.

Chuck Hagel defended on December "The U. The principal candidates for the Democratic presidential nomination in , Al Gore and Bill Bradley , both endorsed military service by open gays and lesbians, provoking opposition from high-ranking retired military officers, notably the recently retired commandant of the Marine Corps, Gen.

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Charles C. He and others objected to Gore's statement that he would use support for ending DADT as a "litmus test" when considering candidates for the Joint Chiefs of Staff. Bush in , observers expected him to avoid any changes to DADT, since his nominee for Secretary of State Colin Powell had participated in its creation. They spoke about their experience of the current situation in the UK.

The UK lifted the gay ban on members serving in their forces in In July , the American Psychological Association issued a statement that DADT "discriminates on the basis of sexual orientation" and that "Empirical evidence fails to show that sexual orientation is germane to any aspect of military effectiveness including unit cohesion, morale, recruitment and retention. Army Forces Command spokesperson said the regulation was intended to prevent Reservists and National Guard members from pretending to be gay to escape combat.

We should not be training people who are not eligible to be in the Armed Forces. The commission report stated that the GAO did not take into account the value the military lost from the departures. They never have. They are promoting an agenda to normalize homosexuality in America using the military as a battering ram to promote that broader agenda. Patrick Guerriero, executive director of Log Cabin, thought the repeal movement was gaining "new traction" but "Ultimately", said, "we think it's going to take a Republican with strong military credentials to make a shift in the policy.

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Retired Chairman of the Joint Chiefs of Staff General John Shalikashvili [99] and former Senator and Secretary of Defense William Cohen [] opposed the policy in January "I now believe that if gay men and lesbians served openly in the United States military, they would not undermine the efficacy of the armed forces" Shalikashvili wrote.

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