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

Feder, Jody

Library of Congress. Congressional Research Service.

关键词: Civil rights;    Defense policy;    Sex discrimination in the military;    Gays;    Gay rights;   

RP-ID  :  R40795
RP-ID  :  R40795_2010Jun03

美国|英语

来源: UNT Digital Library

【 摘 要 】

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 new 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. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT.