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'''"Don't ask, don't tell"''' is the common term for the U.S. military policy which implements (). Unless one of the numerous exceptions from 10 U.S.C. 654(b) applies, the policy prohibits anyone who "demonstrate(s) a propensity or intent to engage in homosexual acts" from serving in the armed forces of the United States, because it "would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability." The act prohibits any homosexual or bisexual person from disclosing his or her sexual orientation, or from speaking about any homosexual relationships, including marriages or other familial attributes, while serving in the United States armed forces. The policy also requires that as long as gay or bisexual men and women in the military hide their sexual orientation, commanders are not allowed to investigate their sexuality.

Contents

Beginning of the policy

History

Public opinion

Statistics

Financial impact of policy

Military Readiness Enhancement Act

Criticism

Situation outside the United States

See also

Notes and references

Further reading

External links

Beginning of the policy

It was introduced as a compromise measure in 1993 and approved by then President Bill Clinton who, while campaigning for the Presidency, had promised to allow all citizens regardless of sexual orientation to serve openly in the military, a departure from the then complete ban on those who are not heterosexual. The actual policy was crafted by Colin Powell and has been maintained by Clinton's successor, George W. Bush.
More generally, "Don't ask, don't tell" has come to describe any instance in which one person must keep their sexual orientation and any related attributes, including their family, a secret, but where deliberate lying would be undesirable.

History

Main articles: Sexual orientation and military service

The armed forces, during the early American revolutionary war, treated sodomy (then broadly defined as oral or anal sexual conduct) as grounds for being dishonorably discharged. The first recorded efforts of such a discharge were in 1778 when Lieutenant Gotthold Frederick Enslin was dishonorably discharged, with the approval of General George Washington, for a conviction of homosexual sodomy and perjury. The Articles of War maintained the crime of sodomy, but it was not until 1942 that the armed forces considered homosexual status as grounds for being separated from the military through a process of effective recruitment screening or internal investigations that some historians have qualified as being witch-hunts. Thus, gay and bisexual people in the armed forces were subject to criminal sanctions under the sodomy prohibition, or they could be given a dishonorable discharge (often a Section 8) and returned to civilian life where they would not receive veterans benefits and often had difficulty finding employment because most civilian employers knew what a Section 8 discharge meant.
The success of the armed forces in pre-screening out gay and bisexual people from the 1940s - 1981 remains in dispute, and during the Vietnam Conflict some heterosexual men would try to pretend to be gay in order to avoid the draft. However, a significant number of gay men and women did manage to avoid the pre-screening process and serve in the military, some with special distinction. For example, in the 1950s - 1960s the Navy medical doctor Tom Dooley received national fame for his anti-Communist and humanitarian efforts in Vietnam. His homosexuality was something of an open secret in the Navy, but eventually he was forced to resign and the Navy conducted the first official study on sexual orientation and the Navy regulations and rules. The 1957 report, titled ''Report of the Board Appointed to Prepare and Submit Recommendations to the Secretary of the Navy for the Revision of Policies, Procedures and Directives Dealing With Homosexuals'' (aka the Crittenden Report) found that gay people were no more likely to be a security risk than heterosexual people and found there was no rational basis for excluding gay people from the Navy, although it stopped short of recommending a change in the regulations because of society's social mores.
Beyond the official regulations, gay people were often the target of various types of harassment by their fellow heterosexual servicemen, designed to persuade them to resign from the military or turn themselves into investigators. The most infamous type of such harassment was called a "blanket party" and involved several other service members during the night in the barracks, who first covered the face of the victim with a blanket and then committed assault, often quite severely and sometimes even fatally as in the case of Allen R. Schindler, Jr.. Cited by President Clinton when passing the Don't ask, don't tell bill, US Navy gay Radioman Third Class Schindler was brutally murdered by shipmate Terry M. Helvey (with the aid of an accomplice) leaving a "nearly-unrecognizable corpse."^[1]
The introduction of "Don't ask, don't tell" with the later amendment of "don't pursue, don't harass" has officially prohibited such behavior, but reports suggest that such harassment continues.
The degree of official and unofficial attempts to separate gay people from the armed forces seems to be directly related to the personnel needs of the armed forces. Hence, during wartime, it has not been uncommon for the rules regarding homosexuality to be relaxed. Up until 1981 it was the policy of all branches of the armed forces to retain a homosexual person, at their discretion, thus promoting the "queen for a day" rule which allowed a person accused of homosexuality to remain in the armed forces if they could successfully claim that their behavior was only a temporary occurrence. This especially became the case during the Vietnam War.
However, during the 1970s several high-profile court challenges to the military's regulations on homosexuality occurred, with little success, and when such successes did occur it was when the plaintiff had been open about his homosexuality from the beginning or due to the existence of the "queen for a day" rule. In 1981 the Department of Defense issued a new regulation on homosexuality that was designed to ensure withstanding a court challenge by developing uniform and clearly defined regulations and justifications that made homosexual status and conduct grounds for discharge (DOD Directive 1332.14 (Enlisted Administrative Separations), January, 1981):
The directive justifed the policy and removed the "queen for a day" rule that had prompted some courts to rule against the armed forces. However, the intent of the policy had also been to treat homosexuality as being akin to a disability discharge and thus ensure that gay people would be separated with an honorable discharge. The DOD policy has since withstood most court challenges, although the United States Supreme Court has refused to weigh in on the constitutionality of the policy, preferring to allow lower courts and the United States Congress to settle the matter.
However, in the 1980s many of the Democratic Party presidential candidates had expressed an interest in changing the regulations concerning homosexuality in the armed forces, and, as American society's social mores changed, public opinion began to express more sympathy with gay people in armed forces, at least to the extent that investigations into a serviceman or -woman's sexual orientation were seen as a witch-hunt. "Gays in the military" became a political issue during the 1992 Presidential campaign, when Clinton, the Democratic candidate, promised to lift the military's ban on homosexual and bisexual people.
In 1992 the United States General Accounting Office published a report entitled ''Defense Force Management: DOD’s Policy on Homosexuality. GAO/NSAID-92-98'', that outlined the DOD policy on homosexuality and the reasons for it. The report also included excerpts from a previously unpublished 1988 DOD study on homosexuality that made similar conclusions as the 1957 Crittenden Report. In 1993 the two reports were published alongside an argument by an armed forces general who argued against lifting the ban on homosexual and bisexual people based on a belief that they pose a security risk, will erode unit cohesion and morale alongside the argument that most homosexual and bisexual are pedophiles who engage in a self-destructive and immoral life-style.
Congressional opposition to lifting the ban on homosexual people in the armed forces was led by Democrat Senator Sam Nunn of Georgia who organized Congressional hearings that largely buffed the armed forces position that has remained unchanged since the 1981 directive. While Congressional support for reform was led by Democrat Congressmen Barney Frank of Massachusetts, who fought for a compromise, and retired Republican Senator Barry Goldwater, who argued for a complete repeal of the ban. After a large number of people flooded the Congressional phone lines with oppositions to lifting the ban, President Clinton soon backed off on his campaign promise to lift the ban on homosexual and bisexual people in the armed forces. The final result was a Congressional compromise of "Don't ask, don't tell" that was later amended to include "don't harass." Officially, the compromise dictates that the armed forces will no longer ask recruits about their sexual orientation, will not investigate any serviceman or -woman's sexual orientation without solid evidence (thus preventing witch-hunts), and homosexual servicemen and women agree that they will not engage in homosexual sex acts, or do anything that announces that they are a homosexual, i.e. public statements or participate in a same-sex marriage openly.
In 2000, Northwestern University Professor Charles Moskos, the principal author of DADT (Which, as originally coined by Moskos, was "Don't Ask Don't Tell; Don't Seek Don't Flaunt"), told "Lingua Franca" that he felt that policy will be gone within five to ten years. Moskos also dismissed the unit cohesion argument, instead arguing that homosexual people should be banned due to "modesty rights", saying "Fuck unit cohesion. I don't care about that...I should not be forced to shower with a woman. I should not be forced to shower with a gay [man]." Moskos did not offer any alternative to his DADT policy. ^[2]

On September 13 2005, the Center for the Study of Sexual Minorities in the Military (on October 23, 2006 renamed the
D. Palm Center), a think tank affiliated with the University of California, Santa Barbara, issued a news release revealing the existence of a 1999 FORSCOM regulation (Regulation 500-3-3) that allowed the active duty deployment of Army Reservists and National Guard troops who say they are gay or who are accused of being gay. U.S. Army Forces Command spokesperson Kim Waldron later confirmed the regulation and indicated that it was intended to prevent Reservists and National Guard members from pretending to be gay to escape combat.^[3]
"Don't Ask, Don't Tell" has been upheld five times in federal court, and in a recent Supreme Court case, Rumsfeld v. Forum for Academic and Institutional Rights, the Supreme Court unanimously held that the federal government could withhold funding in order to force universities to accept military recruiters in spite of their nondiscrimination policies.^[4]

Public opinion

Polls have shown that a large majority of the American public favors allowing gay and lesbian people to serve openly in the US military. A national poll conducted in May 2005 by the Boston Globe showed 79% of participants having nothing against openly gay people from serving in the military. A Pew Research Center survey conducted in March 2006 showed that 60% favor allowing gays and lesbians to serve openly in the military, with 32% opposed. [2]
Over recent years, while the American public has begun to favor the idea of allowing gays and lesbians to serve openly in the military, the military remains largely opposed. An Army Times poll of military members only found 25% in favor of allowing homosexuals to serve openly. [3]

Statistics

Statistics on the number of persons discharged from the military due to homosexuality in the fiscal years since the policy was first introduced (1993):

Year	Coast Guard	Marines	Navy	Army	Air Force	Total
1994	0	36	258	136	187	617
1995	15	69	269	184	235	772
1996	12	60	315	199	284	870
1997	10	78	413	197	309	1,007
1998	14	77	345	312	415	1,163
1999	12	97	314	271	352	1,046
2000	19	104	358	573	177	1,231
2001 ★	—	—	—	—	—	1,273
2002 ★	—	—	—	—	—	906
2003 ★	—	—	—	—	—	787
2004	15	59	177	325	92	668
2005	16	75	177	386	88	742
'Total'	113	655	2,626	2,583	2,139	11,082

★
★ Breakdown of discharges by service branch not available

★ 1994-2003 from Servicemembers Legal Defense Network - Annual Gay Discharges Under "Don't Ask, Don't Tell, Don't Pursue, Don't Harass"

★ 2004-2005 from 365Gay.com - Military Discharging Two Soldiers Per Day For Being Gay Despite War Group Says

Financial impact of policy

In February 2005, the Government Accountability Office released estimates on the cost of the policy. Cautioning that the amount may be too low, The GAO reported $95.4 million in recruiting costs and $95.1 million for training replacements for the 9,488 troops discharged from 1994 through 2003.^[5]
In February 2006, a University of California Blue Ribbon Commission including Lawrence Korb, a former assistant defense secretary during the Reagan administration, former Defense Secretary William Perry, a member of the Clinton administration, and professors from West Point U.S. Military Academy concluded that figure should be closer to $363 million including $14.3 million for "separation travel" once a service member is discharged, $17.8 million for training officers, $252.4 million for training enlistees and $79.3 million in recruiting costs.^[5] The commission report stated that the GAO didn't take into account the value the military lost from the departures.

Military Readiness Enhancement Act

On March 2, 2005, Marty Meehan [D-MA] introduced H.R. 1059 of the 109th Congress. This bill is known as the Military Readiness Enhancement Act of 2005, and if enacted, would hail the end of "Don't Ask Don't Tell" and all discrimination based upon sexual-orientation within the Department of Defense and the Department of Homeland Security [concerning the USCG when not acting under the USN].
Bill Summary:
Title: To amend title 10, United States Code, to enhance the readiness of the Armed Forces by replacing the current policy concerning homosexuality in the Armed Forces, referred to as "Don't Ask, Don't Tell", with a policy of nondiscrimination on the basis of sexual orientation.
Sponsor: Rep Meehan, Martin T. [MA-5] (introduced 3/2/2005)
Latest Major Action: 3/17/2005 Referred to House subcommittee.
Status: Referred to the United States House Armed Services Subcommittee on Military Personnel.
At the close of the 109th Congress, the bill had 122 cosponsors^[7].
On February 28, 2007, Marty Meehan [D-MA], member of the United States House Committee on Armed Services and Chairperson of the United States House Armed Services Subcommittee on Oversight and Investigations, reintroduced this bill as H.R. 1246 - the Military Readiness Enhancement Act of 2007.

Criticism

Both former Chairman of the Joint Chiefs of Staff Gen. John Shalikashvili (Ret.)^[8] and former Senator and Secretary of Defense William Cohen spoke against the policy publicly in early January 2007.

Situation outside the United States

Main articles: Sexual orientation and military service

Some Western military forces have now removed policies excluding individuals of other sexual orientations (with strict policies on sexual harassment). Of the 25 countries that participate militarily in NATO, more than twenty permit gays to serve; of the permanent members of the United Nations Security Council, two (Britain, France) permit gays to serve openly, and three (United States, Russia, China) do not.

See also

★ Allen Schindler - Sailor who was murdered in a hate crime committed by other sailors.

★ Barry Winchell - American soldier who was killed by other soldiers whilst serving, because he was thought to be a homosexual.

★ Margarethe Cammermeyer

★ Holmes v. California National Guard

★ Thomasson v. Perry - The first test of Don't Ask, Don't Tell to reach the Supreme Court was turned down without comment and without setting a precedent.

Notes and references

1. Belkin, Dr. Aaron. " Abandoning "Don't Ask, Don't Tell" Will Decrease Anti-Gay Violence" Naval Institute: Proceedings Monthly. 1 May, 2005. [1]
2.
The Real Story of Military Sociology and 'Don't Ask, Don't Tell' Nathaniel Frank
3. Out gay soldiers sent to Iraq - Regulation keeps straights from ‘playing gay’ to avoid war Chibbaro, Lou
4. Justices uphold military recruiting on campuses Mears, Bill
5. Report: 'Don't Ask, Don't Tell' costs 3M
6. Report: 'Don't Ask, Don't Tell' costs 3M
7. Cosponsors to H.R. 1059 Library of Congress
8. Former JCS chairman: It’s time to give ‘don’t ask, don’t tell’ policy another look Gordon Lubold

Further reading

# Johansson, Warren and William A Percy. ''Outing: Shattering the Conspiracy of Silence.'' Harrington Park Press, 1994.
# Shilits, Randy (1994). ''.
# Carter, Chad C. and Kolenc, Antony B. Law Review Article: University of Dayton Law Review, Fall 2005.
# Zylbergold,Bonnie (2007) ''"The Key to Enlightenment: Semper-fi, a documentary about ex-marine Jeff Key, showcased at Frameline31"'', American Sexuality Magazine

External links

★ 10 U.S.C. § 654. Policy concerning homosexuality in the armed forces

★ Congressional Research Service (CRS) Reports regarding Gays and U.S. Military Policy

★ Human Rights Campaign

★ Servicemembers Legal Defense Network

★ Chronology of Don't Ask, Don't Tell

★ Michael D. Palm Center

★ Center for Military Readiness page on Gays in the Military

★ A New Kind of War, An Old Kind of Prejudice by Brian W. Fairbanks

★ Blue Alliance - LGBT Alumni of the US Air Force Acdemy