"Don't Ask, Don't Tell:" The Law and Military Policy on Same-Sex Behavior (CRS Report for Congress)
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| Release Date |
Revised Aug. 14, 2009 |
| Report Number |
RL30113 |
| Report Type |
Report |
| Authors |
David F. Burrelli, Specialist in Military Policy; Jody Feder, Legislative Attorney |
| Source Agency |
Congressional Research Service |
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Summary:
In 1993, new laws and regulations pertaining to homosexuals and U.S. military service came into effect reflecting a compromise in policy. This compromise, colloquially referred to as 'don't ask, don't tell,' holds that the 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 homosexuality. This compromise notwithstanding, the issue has remained politically contentious. Prior to the 1993 compromise, the number of individuals discharged for homosexuality was generally declining. Since that time, the number of discharges for homosexual conduct has generally increased. [â¦] In recent years, many academic institutions have enacted rules that protect homosexuals from discrimination on campus. As a result, colleges, universities, and even high schools have sought to bar military recruiters from their campuses and/or to eliminate Reserve Officer Training Corps (ROTC) programs on campus because of the DOD policy on homosexuals in the military. At the same time, legislation has been enacted that bars giving federal funds to campuses that block access for military recruiters. On March 6, 2006, the Supreme Court reversed a federal appeals court ruling in 'Rumsfeld v. Forum for Academic and Institutional Rights (FAIR'), and upheld the constitutionality of the Solomon Amendment, which prohibits certain federal funding to higher educational institutions that deny equal access by military recruiters to their students as provided other employers. Efforts to allow individuals of the same sex to marry legally are unlikely to affect the DOD policy immediately, since such individuals are barred from serving in the military. Should such marriages become legal, this policy could be subject to court challenges.
