"Don't ask, don't tell" (DADT) was the official United States policy on
military service of non-heterosexual people, instituted during the
Clinton administration
Bill Clinton's tenure as the 42nd president of the United States began with his first inauguration on January 20, 1993, and ended on January 20, 2001. Clinton, a Democrat from Arkansas, took office following a decisive election victory over Re ...
. The policy was issued under
Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philipp ...
Directive 1304.26 on December 21, 1993, and was in effect from February 28, 1994, until September 20, 2011. The policy prohibited military personnel from discriminating against or harassing
closeted
''Closeted'' and ''in the closet'' are metaphors for lesbian, gay, bisexual and transgender and other (LGBTQ+) people who have not disclosed their sexual orientation or gender identity and aspects thereof, including sexual identity and human ...
homosexual or bisexual service members or applicants, while barring
openly gay
Coming out of the closet, often shortened to coming out, is a metaphor used to describe LGBT people's self-disclosure of their sexual orientation, romantic orientation, or gender identity.
Framed and debated as a privacy issue, coming out of ...
, lesbian, or bisexual persons from military service. This relaxation of legal restrictions on service by gays and lesbians in the armed forces was mandated by
Public Law
Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct ...
103–160 (
Title 10 of the United States Code
Title 10 of the United States Code outlines the role of armed forces in the United States Code.
It provides the legal basis for the roles, missions and organization of each of the services as well as the United States Department of Defense. Ea ...
§654), which was signed November 30, 1993. The policy prohibited people who "demonstrate a propensity or intent to engage in homosexual acts" from serving in the
armed forces of the United States, because their presence "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 prohibited any non-heterosexual person from disclosing their sexual orientation or from speaking about any same-sex relationships, including marriages or other familial attributes, while serving in the United States armed forces. The act specified that service members who disclose that they are homosexual or engage in homosexual conduct should be separated (discharged) except when a service member's conduct was "for the purpose of avoiding or terminating military service" or when it "would not be in the best interest of the armed forces". Since DADT ended in 2011, persons who are openly homosexual and bisexual have been able to serve.
The "don't ask" section of the DADT policy specified that superiors should not initiate an investigation of a service member's orientation without witnessing disallowed behaviors. However, evidence of homosexual behavior deemed credible could be used to initiate an investigation. Unauthorized investigations and harassment of suspected servicemen and women led to an expansion of the policy to "don't ask, don't tell, don't pursue, don't harass".
Beginning in the early 2000s, several legal challenges to DADT were filed, and
legislation to repeal DADT was enacted in December 2010, specifying that the policy would remain in place until the President, the
Secretary of Defense, and the
Chairman of the Joint Chiefs of Staff
The chairman of the Joint Chiefs of Staff (CJCS) is the presiding officer of the United States Joint Chiefs of Staff (JCS). The chairman is the highest-ranking and most senior military officer in the United States Armed Forces Chairman: app ...
certified that repeal would not harm military readiness, followed by a 60-day waiting period.
A July 6, 2011, ruling from a federal appeals court barred further enforcement of the U.S. military's ban on openly gay service members.
President
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
, Secretary of Defense
Leon Panetta
Leon Edward Panetta (born June 28, 1938) is an American Democratic Party politician who has served in several different public office positions, including Secretary of Defense, CIA Director, White House Chief of Staff, Director of the Office of ...
, and Chairman of the Joint Chiefs of Staff Admiral
Mike Mullen
Mike may refer to:
Animals
* Mike (cat), cat and guardian of the British Museum
* Mike the Headless Chicken, chicken that lived for 18 months after his head had been cut off
* Mike (chimpanzee), a chimpanzee featured in several books and document ...
sent that certification to Congress on July 22, 2011, which set the end of DADT to September 20, 2011. Although DADT was officially repealed, the legal definition of marriage as being one man and one woman under the
Defense of Marriage Act
The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. It banned federal recognition of same-sex marriage by limiting the definition of marr ...
(DOMA) meant that, although same-sex partners could get married, their marriage was not recognized by the federal government. This barred partners from access to the same benefits afforded to heterosexual couples such as base access, health care, and
United States military pay, including family separation allowance and
Basic Allowance for Housing
Basic allowance for housing (BAH) is a United States military entitlement given to many military members. It was previously called Basic allowance for quarters (BAQ) and is administered by the Defense Travel Management Office (DTMO).
How it works
...
with dependents.
The Department of Defense attempted to open some of the benefits that were not restricted by DOMA,
but the Supreme Court decision in ''
United States v. Windsor
''United States v. Windsor'', 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition o ...
'' (2013) made these efforts unnecessary.
Background
Engaging in
homosexual activity
Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
had been grounds for discharge from the American military since the
Revolutionary War. Policies based on sexual orientation appeared as the United States prepared to enter
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. When the military added psychiatric screening to its induction process, it included homosexuality as a disqualifying trait, then seen as a form of
psychopathology
Psychopathology is the study of abnormal cognition, behaviour, and experiences which differs according to social norms and rests upon a number of constructs that are deemed to be the social norm at any particular era.
Biological psychopatholo ...
. When the army issued revised mobilization regulations in 1942, it distinguished "homosexual" recruits from "normal" recruits for the first time. Before the buildup to the war, gay service members were court-martialed, imprisoned, and dishonorably discharged; but in wartime, commanding officers found it difficult to convene court-martial boards of commissioned officers and the administrative
blue discharge
A blue discharge (also known as a "blue ticket") was a form of administrative military discharge formerly issued by the United States beginning in 1916. It was neither honorable nor dishonorable. The blue ticket became the discharge of choice for ...
became the military's standard method for handling gay and lesbian personnel. In 1944, a new policy directive decreed that homosexuals were to be committed to military hospitals, examined by psychiatrists, and discharged under Regulation 615–360,
section 8.
In 1947, blue discharges were discontinued and two new classifications were created: "general" and "undesirable". Under such a system, a serviceman or woman found to be gay but who had not committed any sexual acts while in service would tend to receive an undesirable discharge. Those found guilty of engaging in sexual conduct were usually dishonorably discharged. A 1957 U.S. Navy study known as the
Crittenden Report The Crittenden Report was the outcome of a 1957 investigation on the part of a United States Navy Board of Inquiry, officially known as the Board Appointed to Prepare and Submit Recommendations to the Secretary of the Navy for the Revision of Polic ...
dismissed the charge that homosexuals constitute a security risk, but nonetheless did not advocate for an end to anti-gay discrimination in the navy on the basis that "The service should not move ahead of civilian society nor attempt to set substantially different standards in attitude or action with respect to homosexual offenders." It remained secret until 1976.
Fannie Mae Clackum Fannie Mae Clackum (June 10, 1929 – August 16, 2014) was the first person to successfully challenge her discharge on the grounds of homosexuality from the U.S military.
Fannie Mae Clackum served as a US Air Force Reservist in the late 1940s and ...
was the first service member to successfully appeal such a discharge, winning eight years of back pay from the
US Court of Claims in 1960.
From the 1950s through the Vietnam War, some notable gay service members avoided discharges despite pre-screening efforts, and when personnel shortages occurred, homosexuals were allowed to serve.
The
gay and lesbian rights movement
Lesbian, gay, bisexual, and transgender (LGBT) movements are social movements that advocate for LGBT people in society. Some focus on LGBT rights, equal rights, such as the ongoing movement for same-sex marriage, while others focus on liberatio ...
in the 1970s and 1980s raised the issue by publicizing several noteworthy dismissals of gay service members. Air Force TSgt
Leonard Matlovich
Technical Sergeant Leonard Phillip Matlovich (July 6, 1943 – June 22, 1988) was an American Vietnam War veteran, race relations instructor, and recipient of the Purple Heart and the Bronze Star. He was the first gay service member to purposely ...
, the first service member to purposely out himself to challenge the ban, appeared on the cover of ''
Time
Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, to ...
'' in 1975. In 1982 the Department of Defense issued a policy stating that, "Homosexuality is incompatible with military service." It cited the military's need "to maintain discipline, good order, and morale" and "to prevent breaches of security". In 1988, in response to a campaign against lesbians at the Marines'
Parris Island Depot, activists launched the Gay and Lesbian Military Freedom Project (MFP) to advocate for an end to the exclusion of gays and lesbians from the armed forces. In 1989, reports commissioned by the Personnel Security Research and Education Center (PERSEREC), an arm of the Pentagon, were discovered in the process of
Joseph Steffan
Joseph Charles Steffan (born July 29, 1964) is an American lawyer and gay activist. He was expelled from the U.S. Naval Academy in Annapolis in 1987 shortly before graduation after disclosing his homosexuality. He sued the U.S. Department of ...
's lawsuit fighting his forced resignation from the U.S. Naval Academy. One report said that "having a same-gender or an opposite-gender orientation is unrelated to
job performance
Job performance assesses whether a person performs a job well. Job performance, studied academically as part of industrial and organizational psychology, also forms a part of human resources management. Performance is an important criterion for org ...
in the same way as is being left- or right-handed." Other lawsuits fighting discharges highlighted the service record of service members like
Tracy Thorne
Tracy William Thorne-Begland (born October 3, 1966) is an American judge on the General District Court of Richmond, Virginia, appointed in 2012. He was the first openly gay jurist elected by the Virginia General Assembly.
After graduation fr ...
and
Margarethe (Grethe) Cammermeyer. The MFP began lobbying Congress in 1990, and in 1991 Senator
Brock Adams
Brockman Adams (January 13, 1927 – September 10, 2004) was an American lawyer and politician who served as a member of Congress. A Democrat from Washington, Adams served as a U.S. Representative, Senator, and United States Secretary of Trans ...
(D-Washington) and Rep.
Barbara Boxer
Barbara Sue Boxer (née Levy; born November 11, 1940) is an American politician and lobbyist who served in the United States Senate, representing California from 1993 to 2017. A member of the Democratic Party, she previously served as the U.S. ...
introduced the Military Freedom Act, legislation to end the ban completely. Adams and Rep.
Pat Schroeder
Patricia Nell Scott Schroeder (born July 30, 1940) is an American politician who represented Colorado in the United States House of Representatives from 1973 to 1997. A member of the Democratic Party, Schroeder was the first female U.S. Repres ...
(D-Colorado) re-introduced it the next year. In July 1991, Secretary of Defense
Dick Cheney
Richard Bruce Cheney ( ; born January 30, 1941) is an American politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He is currently the oldest living former U ...
, in the context of the outing of his press aide
Pete Williams, dismissed the idea that gays posed a security risk as "a bit of an old chestnut" in testimony before the House Budget Committee. In response to his comment, several major newspapers endorsed ending the ban, including ''USA Today'', the ''Los Angeles Times'', and the ''Detroit Free Press''. In June 1992, the General Accounting Office released a report that members of Congress had requested two years earlier estimating the costs associated with the ban on gays and lesbians in the military at $27 million annually.
During the
1992 U.S. presidential election campaign, the civil rights of gays and lesbians, particularly their open service in the military, attracted some press attention, and all candidates for the Democratic presidential nomination supported ending the ban on military service by gays and lesbians, but the Republicans did not make a political issue of that position. In an August cover letter to all his senior officers, General
Carl Mundy Jr., Commandant of the Marine Corps, praised a position paper authored by a Marine Corps chaplain that said that "In the unique, intensely close environment of the military, homosexual conduct can threaten the lives, including the physical (e.g. AIDS) and psychological well-being of others". Mundy called it "extremely insightful" and said it offered "a sound basis for discussion of the issue". The murder of gay U.S. Navy petty officer
Allen R. Schindler Jr.
Allen R. Schindler Jr. (December 13, 1969 – October 27, 1992) was an American Radioman Petty Officer Third Class in the United States Navy who was murdered for being gay. He was killed in a public toilet in Sasebo, Nagasaki, Japan, by Terry M. ...
on October 27, 1992, brought calls from advocates of allowing open service by gays and lesbians for prompt action from the incoming Clinton administration.
Origin
The policy was introduced as a compromise measure in 1993 by President Bill Clinton who campaigned in 1992 on the promise to allow all citizens to serve in the military regardless of sexual orientation.
Commander
Craig Quigley, a Navy spokesman, expressed the opposition of many in the military at the time when he said, "Homosexuals are notoriously promiscuous" and that in shared shower situations, heterosexuals would have an "uncomfortable feeling of someone watching".
During the 1993 policy debate, the National Defense Research Institute prepared a study for the Office of the Secretary of Defense published as ''Sexual Orientation and U.S. 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. On May 5, 1993,
Gregory M. Herek
Gregory M. Herek (born 1954 in Omaha, Nebraska) is a researcher, author, and professor of psychology at the University of California at Davis (UCD). He has conducted extensive research on prejudice against sexual minorities, and coined the term ' ...
, associate research psychologist at the
University of California at Davis
The University of California, Davis (UC Davis, UCD, or Davis) is a public land-grant research university near Davis, California. Named a Public Ivy, it is the northernmost of the ten campuses of the University of California system. The institut ...
and an authority on public attitudes toward lesbians and
gay men
Gay men are male homosexuals. Some bisexual and homoromantic men may also dually identify as gay, and a number of young gay men also identify as queer. Historically, gay men have been referred to by a number of different terms, including ' ...
, testified before the
House Armed Services Committee
The U.S. House Committee on Armed Services, commonly known as the House Armed Services Committee or HASC, is a standing committee of the United States House of Representatives. It is responsible for funding and oversight of the Department of Defe ...
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." Herek added, "The assumption that heterosexuals cannot overcome their prejudices toward gay people is a mistaken one."
In Congress,
Democratic Senator
Sam Nunn
Samuel Augustus Nunn Jr. (born September 8, 1938) is an American politician who served as a United States Senator from Georgia (1972–1997) as a member of the Democratic Party.
After leaving Congress, Nunn co-founded the Nuclear Threat Initiat ...
of
Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
and Chair of the Senate Armed Services Committee led the contingent that favored maintaining the absolute ban on gays. Reformers were led by Democratic Congressman
Barney Frank
Barnett Frank (born March 31, 1940) is a former American politician. He served as a member of the U.S. House of Representatives from Massachusetts from 1981 to 2013. A Democrat, Frank served as chairman of the House Financial Services Committee ...
of
, who favored modification (but ultimately voted for the defense authorization bill with the gay ban language), and
Barry Goldwater
Barry Morris Goldwater (January 2, 1909 – May 29, 1998) was an American politician and United States Air Force officer who was a five-term U.S. Senator from Arizona (1953–1965, 1969–1987) and the Republican Party nominee for presiden ...
, a former
Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
Senator and a retired Major General, who argued on behalf of allowing service by open gays and lesbians but was not allowed to appear before the Committee by Nunn. In a June 1993 ''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
The Joint Chiefs of Staff (JCS) is the body of the most senior uniformed leaders within the United States Department of Defense, that advises the president of the United States, the secretary of defense, the Homeland Security Council and the ...
, members of Congress, and portions of the public. DADT emerged as a compromise policy.
Congress included text in the National Defense Authorization Act for Fiscal Year 1994 (passed in 1993) requiring the military to abide by regulations essentially identical to the 1982 absolute ban policy.
The Clinton administration on December 21, 1993, issued Defense Directive 1304.26, which directed that military applicants were not to be asked about their sexual orientation.
This policy is now known as "Don't Ask, Don't Tell". The phrase was coined by
Charles Moskos
Charles Constantine Moskos, Jr. (May 20, 1934 – May 31, 2008) was a sociologist of the United States military and a professor at Northwestern University. Described as the nation's "most influential military sociologist" by ''The Wall Street Jour ...
, a military sociologist.
In accordance with the December 21, 1993, Department of Defense Directive 1332.14, it was legal policy (10 U.S.C. § 654) that homosexuality was incompatible with military service and that persons who engaged in homosexual acts or stated that they are homosexual or bisexual were to be discharged.
The
Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution ...
, passed by Congress in 1950 and signed by President
Harry S Truman
Harry may refer to:
TV shows
* ''Harry'' (American TV series), a 1987 American comedy series starring Alan Arkin
* ''Harry'' (British TV series), a 1993 BBC drama that ran for two seasons
* ''Harry'' (talk show), a 2016 American daytime talk show ...
, established the policies and procedures for discharging service members.
The full name of the policy at the time was "Don't Ask, Don't Tell, Don't Pursue". The "Don't Ask" provision mandated that military or appointed officials 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. The "Don’t Pursue" established what was minimally required for an investigation to be initiated. A "Don’t Harass" provision was added to the policy later. It ensured that the military would not allow harassment or violence against service members for any reason.
The
Servicemembers Legal Defense Network
OutServe-SLDN was a network of LGBT military personnel, formed as a result of the merger between OutServe and the Servicemembers Legal Defense Network. OutServe-SLDN was one of the largest LGBT employee resource groups in the world. OutServe was ...
was founded in 1993 to advocate an end to discrimination on the basis of sexual orientation in the U.S. Armed Forces.
Court challenges
DADT was upheld by five federal Courts of Appeal. The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, in ''
Rumsfeld v. Forum for Academic and Institutional Rights, Inc.
''Rumsfeld v. Forum for Academic and Institutional Rights, Inc.'', 547 U.S. 47 (2006), was a United States Supreme Court case in which the Court ruled that the federal government, under the Solomon Amendment, could constitutionally withhold fundin ...
'' (2006), unanimously held that the federal government could constitutionally withhold funding from universities, no matter what their nondiscrimination policies might be, for refusing to give military recruiters access to school resources. 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 v. Cohen''
In January 1998, Senior Chief Petty Officer Timothy R. McVeigh (not to be confused with convicted
Oklahoma City bomber
Timothy James McVeigh (April 23, 1968 – June 11, 2001) was an American domestic terrorist responsible for the 1995 Oklahoma City bombing that killed 168 people, 19 of whom were children, injured more than 680 others, and destroyed one-third o ...
,
Timothy J. McVeigh) won a preliminary injunction from a U.S. district court that prevented his discharge from the U.S. 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. The Navy had investigated McVeigh's sexual orientation based on his
AOL
AOL (stylized as Aol., formerly a company known as AOL Inc. and originally known as America Online) is an American web portal and online service provider based in New York City. It is a brand marketed by the current incarnation of Yahoo (2017 ...
email account name and user profile. District Judge
Stanley Sporkin
Stanley Sporkin (February 7, 1932March 23, 2020) was a director of enforcement for the Securities and Exchange Commission (SEC), general counsel for the Central Intelligence Agency and United States federal judge of the United States District Cour ...
ruled in ''
McVeigh v. 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." He called the Navy's investigation "a search and destroy mission" against McVeigh. The case also attracted attention because a navy paralegal had misrepresented himself when querying AOL for information about McVeigh's account.
Frank Rich
Frank Hart Rich Jr. (born 1949) is an American essayist and liberal op-ed columnist, who held various positions within ''The New York Times'' from 1980 to 2011. He has also produced television series and documentaries for HBO.
Rich is current ...
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." AOL apologized to McVeigh and paid him damages. 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
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' called Sporkin's ruling "a victory for gay rights, with implications for the millions of people who use computer on-line services".
''Witt v. Department of the Air Force''
In April 2006, Margaret Witt, a major in the
United States Air Force
The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Signal ...
who was being investigated for homosexuality, filed suit in the
United States District Court for the Western District of Washington seeking
declaratory and
injunctive relief
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
on the grounds that DADT violates substantive
due process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
, the Equal Protection Clause, and procedural due process. In July 2007 the
Secretary of the Air Force
A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a w ...
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, 2008. Its decision in ''
Witt v. Department of the Air Force
''Witt v. Department of the Air Force'', 527 F.3d 806 (9th Cir. 2008) is a federal lawsuit that challenged the constitutionality of , the law, since repealed, that excluded openly homosexual people from serving in the United States military, common ...
'' reinstated Witt's substantive-due-process and procedural-due-process claims and affirmed the dismissal of her Equal Protection claim. The Ninth Circuit, analyzing the Supreme Court decision in ''
Lawrence v. Texas
''Lawrence v. Texas'', 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that most sanctions of criminal punishment for consensual, adult non- procreative sexual activity (commonly referred to as so ...
'' (2003), 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
Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. A Democrat from Illinois, Obama took office following a decisive victory over Republican ...
declined to appeal, allowing a May 3, 2009, deadline to pass, leaving ''Witt'' as binding on the entire Ninth Circuit, and returning the case to the District Court. On September 24, 2010, District Judge
Ronald B. 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 did not attempt to have the trial court's ruling stayed pending the outcome. In a settlement announced on May 10, 2011, the Air Force agreed to drop its appeal and remove Witt's discharge from her military record. She will retire with full benefits.
''Log Cabin Republicans v. United States of America''
In 2010, a lawsuit filed in 2004 by the
Log Cabin Republicans
The Log Cabin Republicans (LCR) is an organization within the Republican Party which advocates for equal rights for LGBT+ Americans.
History
Log Cabin Republicans was founded in 1977 in California as a rallying point for Republicans opposed ...
(LCR), the nation's largest Republican gay organization, went to trial.
Challenging the constitutionality of DADT, the plaintiffs stated that the policy violates the rights of gay military members to free speech, due process and open association. The government argued that DADT was necessary to advance a legitimate governmental interest. Plaintiffs introduced statements by President
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
, from prepared remarks, that DADT "doesn't contribute to our national security", "weakens our national security", and that reversal is "essential for our national security". According to plaintiffs, these statements alone satisfied their burden of proof on the due process claims.
On September 9, 2010, 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
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and rec ...
and
Fifth Amendments. On October 12, 2010, she granted an immediate worldwide injunction prohibiting the Department of Defense from enforcing the "Don't Ask Don't Tell" policy and ordered the military to suspend and discontinue any investigation or discharge, separation, or other proceedings based on it.
The Department of Justice appealed her decision and requested a stay of her injunction,
which Phillips denied but which the Ninth Circuit Court of Appeals granted on October 20
and stayed pending appeal on November 1. The U.S. Supreme Court refused to overrule the stay.
District Court neither anticipated questions of
constitutional law nor formulated a rule broader than is required by the facts. 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, 716 F. Supp. 2d at 923. Hypothetical questions were neither presented
nor answered in reaching this decision.
On October 19, 2010, military recruiters were told they could accept openly gay applicants.
On October 20, 2010, Lt.
Daniel Choi
Dan Choi (born February 22, 1981) is an American former infantry officer in the United States Army who served in combat in the Iraq War during 2006–2007. He became an LGBT rights activist following his coming out on ''The Rachel Maddow Show ...
, an openly gay man honorably discharged under DADT, re-enlisted in the U.S. Army.
Following the passage of the
Don't Ask, Don't Tell Repeal Act of 2010
The Don't Ask, Don't Tell Repeal Act of 2010 (, ) is a landmark United States federal statute enacted in December 2010 that established a process for ending the "don't ask, don't tell" (DADT) policy (), thus allowing gay, lesbian, and bisexu ...
, the Justice Department asked the Ninth Circuit to suspend LCR's suit in light of the legislative repeal. LCR opposed the request, noting that gay personnel were still subject to discharge. On January 28, 2011, the Court denied the Justice Department's request. The Obama administration responded by requesting that the policy be allowed to stay in place while they completed the process of assuring that its end would not impact combat readiness. On March 28, the LCR filed a brief asking that the court deny the administration's request.
In 2011, while waiting for certification, several service members were discharged under DADT at their own insistence,
until July 6 when a three-judge panel of the
Ninth Circuit Court of Appeals
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District ...
re-instated Judge Phillips' injunction barring further enforcement of the U.S. military's ban on openly gay service members. On July 11, the appeals court asked the DOJ to inform the court if it intended to proceed with its appeal. On July 14, the Justice Department filed a motion "to avoid short-circuiting the repeal process established by Congress during the final stages of the implementation of the repeal".
and warning of "significant immediate harms on the government". On July 15, the Ninth Circuit restored most of the DADT policy,
[ but continued to prohibit the government from discharging or investigating openly gay personnel. Following the implementation of DADT's repeal, a panel of three judges of the Ninth Circuit Court of Appeals ]vacated
A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. ...
the Phillips ruling.
Debate
Following the July 1999 murder of Army Pfc. Barry Winchell
On July 6, 1999, Barry Winchell, a 21-year old infantry soldier in the United States Army, was murdered while he slept, outside of his barracks by fellow soldier Calvin Glover for dating a transgender woman, Calpernia Addams, after a physical alt ...
, apparently motivated by anti-gay bias, President Clinton issued an executive order modifying the Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution ...
to permit evidence of a hate crime to be admitted during the sentencing phase of a trial. In December, Secretary of Defense William Cohen
William Sebastian Cohen (born August 28, 1940) is an American lawyer, author, and politician from the U.S. state of Maine. A Republican, Cohen served as both a member of the United States House of Representatives (1973–1979) and Senate (1979 ...
ordered a review of DADT to determine if the policy's anti-gay harassment component was being observed. When that review found anti-gay sentiments were widely expressed and tolerated in the military, the DOD adopted a new anti-harassment policy in July 2000, though its effectiveness was disputed. On December 7, 1999, Hillary Clinton
Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...
told an audience of gay supporters that "Gays and lesbians already serve with distinction in our nation's armed forces and should not face discrimination. Fitness to serve should be based on an individual's conduct, not their sexual orientation." Later that month, retired General Carl E. Mundy Jr. defended the implementation of DADT against what he called the "politicization" of the issue by both Clintons. He cited discharge statistics for the Marines for the past five years that showed 75% were based on "voluntary admission of homosexuality" and 49% occurred during the first six months of service, when new recruits were most likely to reevaluate their decision to enlist. 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." The conviction of Winchell's murderer, according to the ''New York Times'', "galvanized opposition" to DADT, an issue that had "largely vanished from public debate". Opponents of the policy focused on punishing harassment in the military rather than the policy itself, which Senator Chuck Hagel
Charles Timothy Hagel ( born October 4, 1946)[Al Gore
Albert Arnold Gore Jr. (born March 31, 1948) is an American politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. Gore was the Democratic Part ...]
and Bill Bradley
William Warren Bradley (born July 28, 1943) is an American politician and former professional basketball player. He served three terms as a Democratic U.S. senator from New Jersey (1979–1997). He ran for the Democratic Party's nomination f ...
, 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, General Charles C. Krulak
Charles Chandler Krulak (born March 4, 1942) is a retired United States Marine Corps General (United States), four-star general who served as the 31st Commandant of the Marine Corps from July 1, 1995 to June 30, 1999. He is the son of Lieutenant ...
. 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
The Joint Chiefs of Staff (JCS) is the body of the most senior uniformed leaders within the United States Department of Defense, that advises the president of the United States, the secretary of defense, the Homeland Security Council and the ...
. The 2000 Democratic Party Democratic Party most often refers to:
*Democratic Party (United States)
Democratic Party and similar terms may also refer to:
Active parties Africa
*Botswana Democratic Party
*Democratic Party of Equatorial Guinea
*Gabonese Democratic Party
*Demo ...
platform was silent on the issue, while the Republican Party platform that year said: "We affirm that homosexuality is incompatible with military service." Following the election of George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
in 2000, observers expected him to avoid any changes to DADT, since his nominee for Secretary of State Colin Powell had participated in its creation.
In February 2004, members of the British Armed Forces, Lt Rolf Kurth and Lt Cdr Craig Jones, along with Aaron Belkin, Director of the Center for the Study of Sexual Minorities in the Military met with members of Congress and spoke at the National Defense University. 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 2000.
In July 2004, the American Psychological Association
The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It ha ...
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." It said that the U.S. military's track record overcoming past racial and gender discrimination demonstrated its ability to integrate groups previously excluded. The Republican Party platform that year reiterated its support for the policy—"We affirm traditional military culture, and we affirm that homosexuality is incompatible with military service."—while the Democratic Party Democratic Party most often refers to:
*Democratic Party (United States)
Democratic Party and similar terms may also refer to:
Active parties Africa
*Botswana Democratic Party
*Democratic Party of Equatorial Guinea
*Gabonese Democratic Party
*Demo ...
maintained its silence.
In February 2005, the Government Accountability Office
The U.S. Government Accountability Office (GAO) is a legislative branch government agency that provides auditing, evaluative, and investigative services for the United States Congress. It is the supreme audit institution of the federal govern ...
released estimates of the cost of DADT. It reported at least $95.4 million in recruiting costs and at least $95.1 million for training replacements for the 9,488 troops discharged from 1994 through 2003, while noting that the true figures might be higher. In September, as part of its campaign to demonstrate that the military allowed open homosexuals to serve when its workforce requirements were greatest, the Center for the Study of Sexual Minorities in the Military (now the Palm Center) reported that army regulations allowed the active-duty deployment of Army Reservists and National Guard troops who claim to be or who are accused of being gay. A U.S. Army Forces Command spokesperson said the regulation was intended to prevent Reservists and National Guard members from pretending to be gay to escape combat. Advocates of ending DADT repeatedly publicized discharges of highly trained gay and lesbian personnel, especially those in positions with critical shortages, including fifty-nine Arabic speakers and nine Persian
Persian may refer to:
* People and things from Iran, historically called ''Persia'' in the English language
** Persians, the majority ethnic group in Iran, not to be conflated with the Iranic peoples
** Persian language, an Iranian language of the ...
speakers. Elaine Donnelly, president of the Center for Military Readiness
The Center for Military Readiness is a tax-exempt, non-profit organization founded by Elaine Donnelly, which opposes the service of gay and transgender people and favors limiting the positions open to women in the United States military. It has ...
, later argued that the military's failure to ask about sexual orientation at recruitment was the cause of the discharges: u could reduce this number to zero or near zero if the Department of Defense dropped Don't Ask, Don't Tell. ... We should not be training people who are not eligible to be in the Armed Forces."[Congress, House, Military Personnel Subcommittee]
''Don't Ask Don't Tell Review''
110th Cong., 2nd sess., July 23, 2008, 39
In February 2006, a University of California
The University of California (UC) is a public land-grant research university system in the U.S. state of California. The system is composed of the campuses at Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, ...
Blue Ribbon Commission
In the United States, a blue-ribbon committee (or panel or commission) is a group of exceptional people appointed to investigate, study or analyze a given question. Blue-ribbon committees generally have a degree of independence from political infl ...
that included Lawrence Korb, a former assistant defense secretary during the Reagan
Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
administration, William Perry William Perry may refer to:
Business
* William Perry (Queensland businessman) (1835–1891), businessman and politician in Queensland, Australia
* William H. Perry (businessman) (1832–1906), American businessman and entrepreneur
Politics and ...
, Secretary of Defense in the Clinton administration, and professors from the United States Military Academy
The United States Military Academy (USMA), also known metonymically as West Point or simply as Army, is a United States service academy in West Point, New York. It was originally established as a fort, since it sits on strategic high groun ...
released their assessment of the GAO's analysis of the cost of DADT released a year earlier. The commission report stated that the GAO did not take into account the value the military lost from the departures. They said that that total cost was closer to $363 million, including $14.3 million for "separation travel" following a service member's discharge, $17.8 million for training officers, $252.4 million for training enlistees, and $79.3 million in recruiting costs.
In 2006, Soulforce
Soulforce is a U.S.-based social justice organization that works to end the religious and political oppression of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) people. The organization's co-executive directors are Alba Onofrio ...
, a national LGBT rights organization, organized its Right to Serve Campaign, in which gay men and lesbians in several cities attempted to enlist in the Armed Forces or National Guard. Donnelly of the Center for Military Readiness stated in September: "I think the people involved here do not have the best interests of the military at heart. 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." She said that "pro-homosexual activists ... are creating media events all over the country and even internationally."
In 2006, a speaking tour of gay former service members, organized by SLDN, Log Cabin Republicans, and Meehan, visited 18 colleges and universities. 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." Elaine Donnelly called such efforts "a big P.R. campaign" and said that "The law is there to protect good order and discipline in the military, and it's not going to change."
In December 2006, Zogby International
John J. Zogby (born September 3, 1948) is an American public opinion pollster, author, and public speaker. He is founder of the Zogby International poll, and he serves as a senior partner at John Zogby Strategies, a full-service marketing and p ...
released the results of a poll of military personnel conducted in October 2006 that found that 26% favored allowing gays and lesbians to serve openly in the military, 37% were opposed, while 37% expressed no preference or were unsure. Of respondents who had experience with gay people in their unit, 6% said their presence had a positive impact on their personal morale, 66% said no impact, and 28% said negative impact. Regarding overall unit morale, 3% said positive impact, 64% no impact, and 27% negative impact.
Retired Chairman of the Joint Chiefs of Staff
The chairman of the Joint Chiefs of Staff (CJCS) is the presiding officer of the United States Joint Chiefs of Staff (JCS). The chairman is the highest-ranking and most senior military officer in the United States Armed Forces Chairman: app ...
General John Shalikashvili
John is a common English name and surname:
* John (given name)
* John (surname)
John may also refer to:
New Testament
Works
* Gospel of John, a title often shortened to John
* First Epistle of John, often shortened to 1 John
* Second E ...
and former Senator and Secretary of Defense William Cohen
William Sebastian Cohen (born August 28, 1940) is an American lawyer, author, and politician from the U.S. state of Maine. A Republican, Cohen served as both a member of the United States House of Representatives (1973–1979) and Senate (1979 ...
opposed the policy in January 2007: "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. "Our military has been stretched thin by our deployments in the Middle East, and we must welcome the service of any American who is willing and able to do the job." Shalikashvili cited the recent "Zogby poll of more than 500 service members returning from Afghanistan and Iraq, three-quarters of whom said they were comfortable interacting with gay people. The debate took a different turn in March when General Peter Pace
Peter Pace (born November 5, 1945) is a retired United States Marine Corps general who served as the 16th chairman of the Joint Chiefs of Staff. Pace was the first Marine officer appointed as chairman and the first Marine officer to be appointed ...
, Chairman of the Joint Chiefs of Staff, told the editorial board of the ''Chicago Tribune'' he supported DADT because "homosexual acts between two individuals are immoral and ... we should not condone immoral acts." His remarks became, according to the ''Tribune'', "a huge news story on radio, television and the Internet during the day and showed how sensitive the Pentagon's policy has become." Senator John Warner, who backed DADT, said "I respectfully, but strongly, disagree with the chairman's view that homosexuality is immoral", and Pace expressed regret for expressing his personal views and said that DADT "does not make a judgment about the morality of individual acts." Massachusetts Governor Mitt Romney
Willard Mitt Romney (born March 12, 1947) is an American politician, businessman, and lawyer serving as the junior United States senator from Utah since January 2019, succeeding Orrin Hatch. He served as the 70th governor of Massachusetts f ...
, then in the early stages of his campaign for the 2008 Republican presidential nomination, defended DADT:
That summer, after U.S. senator Larry Craig
Lawrence Edwin Craig (born July 20, 1945) is an American retired politician from the state of Idaho. A Republican Party (United States), Republican, he served 18 years in the United States Senate (1991–2009), preceded by 10 years in the U.S. ...
was arrested for lewd conduct in a men's restroom, conservative commentator Michael Medved
Michael Saul Medved (born October 3, 1948) is an American radio show host, author, political commentator, and film critic. His talk show, ''The Michael Medved Show'', is syndicated from his home station KTTH in Seattle. It is syndicated via G ...
argued that any liberalization of DADT would "compromise restroom integrity and security". He wrote: "The national shudder of discomfort and queasiness associated with any introduction of homosexual eroticism into public men's rooms should make us more determined than ever to resist the injection of those lurid attitudes into the even more explosive situation of the U.S. military."
In November 2007, 28 retired generals and admirals urged Congress to repeal the policy, citing evidence that 65,000 gay men and women were serving in the armed forces and that there were over a million gay veterans. On November 17, 2008, 104 retired generals and admirals signed a similar statement. In December, SLDN arranged for ''60 Minutes
''60 Minutes'' is an American television news magazine broadcast on the CBS television network. Debuting in 1968, the program was created by Don Hewitt and Bill Leonard, who chose to set it apart from other news programs by using a unique styl ...
'' to interview Darren Manzella, an Army medic who served in Iraq after coming out to his unit.
On May 4, 2008, while Chairman of the Joint Chiefs of Staff Admiral Mike Mullen
Mike may refer to:
Animals
* Mike (cat), cat and guardian of the British Museum
* Mike the Headless Chicken, chicken that lived for 18 months after his head had been cut off
* Mike (chimpanzee), a chimpanzee featured in several books and document ...
addressed the graduating cadets at West Point
The United States Military Academy (USMA), also known Metonymy, metonymically as West Point or simply as Army, is a United States service academies, United States service academy in West Point, New York. It was originally established as a f ...
, a cadet asked what would happen if the next administration were supportive of legislation allowing gays to serve openly. Mullen responded, "Congress, and not the military, is responsible for DADT." Previously, during his Senate confirmation hearing in 2007, Mullen told lawmakers, "I really think it is for the American people to come forward, really through this body, to both debate that policy and make changes, if that's appropriate." He went on to say, "I'd love to have Congress make its own decisions" with respect to considering repeal.
In May 2009, when a committee of military law experts at the Palm Center
The Palm Center is a think tank founded in 1998 at the University of California, Santa Barbara, that produces scholarship designed to improve the quality of public dialogue about critical and controversial public policy issues. It commissions and d ...
, an anti-DADT research institute, concluded that the President could issue an Executive Order to suspend homosexual conduct discharges, Obama rejected that option and said he wanted Congress to change the law.
On July 5, 2009, Colin Powell
Colin Luther Powell ( ; April 5, 1937 – October 18, 2021) was an American politician, statesman, diplomat, and United States Army officer who served as the 65th United States Secretary of State from 2001 to 2005. He was the first African ...
told CNN that the policy was "correct for the time" but that "sixteen years have now gone by, and I think a lot has changed with respect to attitudes within our country, and therefore I think this is a policy and a law that should be reviewed." Interviewed for the same broadcast, Mullen said the policy would continue to be implemented until the law was repealed, and that his advice was to "move in a measured way. ... At a time when we're fighting two conflicts there is a great deal of pressure on our forces and their families."[Time to review policy on gays in U.S. military: Powell](_blank)
July 5, Reuters In September, ''Joint Force Quarterly'' published an article by an Air Force colonel that disputed the argument that unit cohesion is compromised by the presence of openly gay personnel.
In October 2009, the Commission on Military Justice, known as the Cox Commission, repeated its 2001 recommendation that Article 125 of the Uniform Code of Military Justice, which bans sodomy, be repealed, noting that "most acts of consensual sodomy committed by consenting military personnel are not prosecuted, creating a perception that prosecution of this sexual behavior is arbitrary."
In January 2010, the White House and congressional officials started work on repealing the ban by inserting language into the 2011 defense authorization bill. During Obama's State of the Union Address
The State of the Union Address (sometimes abbreviated to SOTU) is an annual message delivered by the president of the United States to a joint session of the United States Congress near the beginning of each calendar year on the current conditio ...
on January 27, 2010, he said that he would work with Congress and the military to enact a repeal of the gay ban law and for the first time set a timetable for repeal.
At a February 2, 2010, congressional hearing, Senator John McCain
John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
read from a letter signed by "over one thousand former general and flag officers". It said: "We firmly believe that this law, which Congress passed to protect good order, discipline and morale in the unique environment of the armed forces, deserves continued support." The signature campaign had been organized by Elaine Donnelly of the Center for Military Readiness
The Center for Military Readiness is a tax-exempt, non-profit organization founded by Elaine Donnelly, which opposes the service of gay and transgender people and favors limiting the positions open to women in the United States military. It has ...
, a longtime supporter of a traditional all-male and all-heterosexual military. Servicemembers United
Servicemembers United (SU) was an LGBT-interest organization dedicated to the repeal of the United States armed forces' gay-exclusionary policy, commonly known as "don't ask, don't tell" (DADT). The organization, formerly known as "Call to Duty", ...
, a veterans group opposed to DADT, issued a report critical of the letter's legitimacy. They said that among those signing the letter were officers who had no knowledge of their inclusion or who had refused to be included, and even one instance of a general's widow who signed her husband's name to the letter though he had died before the survey was published. The average age of the officers whose names were listed as signing the letter was 74, the oldest was 98, and Servicemembers United noted that "only a small fraction of these officers have even served in the military during the 'Don't Ask, Don't Tell' period, much less in the 21st century military."
The Center for American Progress
The Center for American Progress (CAP) is a public policy research and advocacy organization which presents a liberal viewpoint on economic and social issues. It has its headquarters in Washington, D.C.
The president and chief executive officer ...
issued a report in March 2010 that said a smooth implementation of an end to DADT required eight specified changes to the military's internal regulations. On March 25, 2010, Defense Secretary Gates announced new rules mandating that only flag officer
A flag officer is a commissioned officer in a nation's armed forces senior enough to be entitled to fly a flag to mark the position from which the officer exercises command.
The term is used differently in different countries:
*In many countr ...
s could initiate discharge proceedings and imposing more stringent rules of evidence on discharge proceedings.
Repeal
The underlying justifications for DADT had been subjected to increasing suspicion and outright rejection by the early 21st century. Mounting evidence obtained from the integration efforts of foreign militaries, surveys of U.S. military personnel, and studies conducted by the DoD gave credence to the view that the presence of open homosexuals within the military would not be detrimental at all to the armed forces. A DoD study conducted at the behest of Secretary of Defense Robert Gates in 2010 supports this most.
The DoD working group conducting the study considered the impact that lifting the ban would have on unit cohesion and effectiveness, good order and discipline, and military morale. The study included a survey that revealed significant differences between respondents who believed they had served with homosexual troops and those who did not believe they had. In analyzing such data, the DoD working group concluded that it was actually generalized perceptions of homosexual troops that led to the perceived unrest that would occur without DADT. Ultimately, the study deemed the overall risk to military effectiveness of lifting the ban to be low. Citing the ability of the armed forces to adjust to the previous integration of African-Americans and women, the DoD study asserted that the United States military could adjust as had it before in history without an impending serious effect.
In March 2005, Rep. Martin T. Meehan introduced the Military Readiness Enhancement Act
The Military Readiness Enhancement Act was a bill introduced in the U.S. House of Representatives in several sessions between 2005 and 2009. It would have amended title 10, United States Code to include a policy of nondiscrimination on the basis o ...
in the House. It aimed "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". As of 2006, it had 105 Democrats and 4 Republicans as co-sponsors.[''The New York Times'']
John Files, "Advocates Hope Supreme Court Ruling Can Renew Attention to 'Don't Ask, Don't Tell'"
March 13, 2006. Retrieved February 19, 2012. He introduced the bill again in 2007 and 2009.
During the 2008 U.S. presidential election campaign, Senator Barack Obama advocated a full repeal of the laws barring gays and lesbians from serving in the military. Nineteen days after his election, Obama's advisers announced that plans to repeal the policy might be delayed until 2010, because Obama "first wants to confer with the Joint Chiefs of Staff and his new political appointees at the Pentagon to reach a consensus, and then present legislation to Congress". As president he advocated a policy change to allow gay personnel to serve openly in the armed forces, stating that the U.S. government has spent millions of dollars replacing troops expelled from the military, including language experts fluent in Arabic
Arabic (, ' ; , ' or ) is a Semitic languages, Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C ...
, because of DADT. On the eve of the National Equality March
The National Equality March was a national political rally that occurred October 11, 2009 in Washington, D.C. It called for equal protection for lesbian, gay, bisexual, and transgender (LGBT) people in all matters governed by civil law in all 5 ...
in Washington, D.C., October 10, 2009, Obama stated in a speech before the Human Rights Campaign
The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGB ...
that he would end the ban, but he offered no timetable. Obama said in his 2010 State of the Union Address: "This year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are." This statement was quickly followed up by Defense Secretary Robert Gates
Robert Michael Gates (born September 25, 1943) is an American intelligence analyst and university president who served as the 22nd United States secretary of defense from 2006 to 2011. He was originally appointed by president George W. Bush a ...
and Joint Chiefs chairman Michael Mullen
Michael Glenn Mullen (born October 4, 1946) is a retired United States Navy Admiral (United States), admiral, who served as the 17th chairman of the Joint Chiefs of Staff from October 1, 2007, to September 30, 2011.
Mullen previously served as ...
voicing their support for a repeal of DADT.
Don't Ask, Don't Tell Repeal Act of 2010
Democrats in both houses of Congress first attempted to end DADT by amending the Defense Authorization Act. On May 27, 2010, on a 234–194 vote, the U.S. House of Representatives approved the Murphy
Murphy () ( ga, Ua Murchadha) is an Irish surname and the most common surname in the Republic of Ireland.
Origins and variants
The surname is a variant of two Irish surnames: "Ó Murchadha"/"Ó Murchadh" (descendant of "Murchadh"), and "Mac ...
amendment to the National Defense Authorization Act
The National Defense Authorization Act (NDAA) is the name for each of a series of United States federal laws specifying the annual budget and expenditures of the U.S. Department of Defense. The first NDAA was passed in 1961. The U.S. Congress o ...
for Fiscal Year 2011. It provided for repeal of the DADT policy and created a process for lifting the policy, including a U.S. Department of Defense
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national secur ...
study and certification by key officials that the change in policy would not harm military readiness followed by a waiting period of 60 days. The amended defense bill passed the House on May 28, 2010. On September 21, 2010, John McCain
John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
led a successful filibuster
A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out ...
against the debate on the Defense Authorization Act, in which 56 Senators voted to end debate, four short of the 60 votes required. Some advocates for repeal, including the Palm Center, OutServe, and Knights Out, opposed any attempt to block the passage of NDAA if it failed to include DADT repeal language. The Human Rights Campaign, the Center for American Progress, Servicemembers United and SLDN refused to concede that possibility.
The American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(ACLU) filed a lawsuit, '' Collins v. United States'', against the Department of Defense in November 2010 seeking full compensation for those discharged under the policy.
On November 30, 2010, the Joint Chiefs of Staff
The Joint Chiefs of Staff (JCS) is the body of the most senior uniformed leaders within the United States Department of Defense, that advises the president of the United States, the secretary of defense, the Homeland Security Council and the ...
released the "Don't Ask, Don't Tell" Comprehensive Review Working Group (CRWG) report authored by Jeh C. Johnson, General Counsel of the Department of Defense
The General Counsel of the Department of Defense is the general counsel, chief legal officer of the United States Department of Defense, Department of Defense (DoD), advising both the United States Secretary of Defense, Secretary and United States ...
, and Army General Carter F. Ham. It outlined a path to the implementation of repeal of DADT.[Department of Defense]
"Report of the Comprehensive Review of the Issues Associated with a Repeal of 'Don't Ask, Don't Tell'"
, November 30, 2010. Retrieved January 30, 2012; comprehensive report. Survey results 63–79, analysis 120-6, quote 121: "Overall, in response to a variety of questions, 50–55% of the force indicated that repeal will have a mixed or no effect; about 15–20% believe that repeal will have a positive effect, while another 30% believe it will have a negative effect." The report indicated that there was a low risk of service disruptions due to repealing the ban, provided time was provided for proper implementation and training. It included the results of a survey of 115,000 active-duty and reserve service members. Across all service branches, 30 percent thought that integrating gays into the military would have negative consequences. In the Marine Corps and combat specialties, the percentage with that negative assessment ranged from 40 to 60 percent. The CRWG also said that 69 percent of all those surveyed believed they had already worked with a gay or lesbian and of those, 92 percent reported that the impact of that person's presence was positive or neutral. The same day, in response to the CRWG, 30 professors and scholars, most from military institutions, issued a joint statement saying that the CRWG "echoes more than 20 studies, including studies by military researchers, all of which reach the same conclusion: allowing gays and lesbians to serve openly will not harm the military ... We hope that our collective statement underscores that the debate about the evidence is now officially over". The Family Research Council
The Family Research Council (FRC) is an American evangelical activist group and think-tank with an affiliated lobbying organization. FRC promotes what it considers to be family values. It opposes and lobbies against: access to pornography, emb ...
's president, Tony Perkins, interpreted the CRWG data differently, writing that it "reveals that 40 percent of Marines and 25 percent of the Army could leave".
Gates encouraged Congress to act quickly to repeal the law so that the military could carefully adjust rather than face a court decision requiring it to lift the policy immediately. The United States Senate held two days of hearings on December 2 and 3, 2010, to consider the CRWG report. Defense Secretary Robert Gates, Joint Chiefs chairman Michael Mullen urged immediate repeal. The heads of the Marine Corps, Army, and Navy all advised against immediate repeal and expressed varied views on its eventual repeal. Oliver North
Oliver Laurence North (born October 7, 1943) is an American political commentator, television host, military historian, author, and retired United States Marine Corps lieutenant colonel.
A veteran of the Vietnam War, North was a National Secu ...
, writing in ''National Review
''National Review'' is an American conservative editorial magazine, focusing on news and commentary pieces on political, social, and cultural affairs. The magazine was founded by the author William F. Buckley Jr. in 1955. Its editor-in-chief i ...
'' the next week, said that Gates' testimony showed "a deeply misguided commitment to political correctness". He interpreted the CRWG's data as indicating a high risk that large numbers of resignations would follow the repeal of DADT. Service members, especially combat troops, he wrote, "deserve better than to be treated like lab rats in Mr. Obama's radical social experiment".
On December 9, 2010, another filibuster prevented debate on the Defense Authorization Act. In response to that vote, Senators Joe Lieberman
Joseph Isadore Lieberman (; born February 24, 1942) is an American politician, lobbyist, and attorney who served as a United States Senate, United States senator from Connecticut from 1989 to 2013. A former member of the Democratic Party (Uni ...
and Susan Collins
Susan Margaret Collins (born December 7, 1952) is an American politician serving as the senior United States senator from Maine. A member of the Republican Party, she has held her seat since 1997 and is Maine's longest-serving member of Co ...
introduced a bill that included the policy-related portions of the Defense Authorization Act that they considered more likely to pass as a stand-alone bill. It passed the House on a vote of 250 to 175 on December 15, 2010. On December 18, 2010, the Senate voted to end debate on its version of the bill by a cloture vote of 63–33. The final Senate vote was held later that same day, with the measure passing by a vote of 65–31.
U.S. Secretary of Defense Robert Gates
Robert Michael Gates (born September 25, 1943) is an American intelligence analyst and university president who served as the 22nd United States secretary of defense from 2006 to 2011. He was originally appointed by president George W. Bush a ...
released a statement following the vote indicating that the planning for implementation of a policy repeal would begin right away and would continue until Gates certified that conditions were met for orderly repeal of the policy. President Obama signed the repeal into law on December 22, 2010.
Implementation of repeal
The repeal act established a process for ending the DADT policy. The President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff were required to certify in writing that they had reviewed the Pentagon's report on the effects of DADT repeal, that the appropriate regulations had been reviewed and drafted, and that implementation of repeal regulations "is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces". Once certification was given, DADT would be lifted after a 60-day waiting period.
Representative Duncan D. Hunter
Duncan Duane Hunter (born December 7, 1976) is an American former politician and United States Marine who served as a U.S. representative for from 2013 to 2020. He is a member of the Republican Party, who was first elected to the House in 2008 ...
announced plans in January 2011 to introduce a bill designed to delay the end of DADT. His proposed legislation required all of the chiefs of the armed services to submit the certification at the time required only of the President, Defense Secretary and Joint Chiefs chairman. In April, Perkins of the Family Research Council argued that the Pentagon was misrepresenting its own survey data and that hearings by the House Armed Services Committee, now under Republican control, could persuade Obama to withhold certification. Congressional efforts to prevent the change in policy from going into effect continued into May and June 2011.
On January 29, 2011, Pentagon officials stated that the training process to prepare troops for the end of DADT would begin in February and would proceed quickly, though they suggested that it might not be completed in 2011. On the same day, the DOD announced it would not offer any additional compensation to service members who had been discharged under DADT, who received half of the separation pay other honorably discharged service members received.
In May 2011, the U.S. Army reprimanded three colonels for performing a skit in March 2011 at a function at Yongsan Garrison
Yongsan Garrison ( ko, 용산기지; Hanja: ), meaning "dragon hill garrison," is an area located in the Yongsan District of central Seoul, South Korea. The site served as the headquarters for U.S. military forces stationed in South Korea, known ...
, South Korea, that mocked the repeal.
In May 2011, revelations that an April Navy memo relating to its DADT training guidelines contemplated allowing same-sex weddings in base chapels and allowing chaplains
A chaplain is, traditionally, a cleric (such as a minister, priest, pastor, rabbi, purohit, or imam), or a lay representative of a religious tradition, attached to a secular institution (such as a hospital, prison, military unit, intellige ...
to officiate if they so chose resulted in a letter of protest from 63 Republican congressman, citing the Defense of Marriage Act
The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. It banned federal recognition of same-sex marriage by limiting the definition of marr ...
(DOMA) as controlling the use of federal property. Tony Perkins of the Family Research Council said the guidelines "make it even more uncomfortable for men and women of faith to perform their duties". A Pentagon spokesperson replied that DOMA "does not limit the type of religious ceremonies a chaplain may perform in a chapel on a military installation", and a Navy spokesperson said that "A chaplain can conduct a same-sex ceremony if it is in the tenets of his faith". A few days later the Navy rescinded its earlier instructions "pending additional legal and policy review and interdepartmental coordination".
While waiting for certification, several service members were discharged at their own insistence until a July 6 ruling from a federal appeals court barred further enforcement of the U.S. military's ban on openly gay service members, which the military promptly did.
Anticipating the lifting of DADT, some active duty service members wearing civilian clothes marched in San Diego's gay pride parade on July 16. The DOD noted that participation "does not constitute a declaration of sexual orientation".
President Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
, Secretary of Defense Leon Panetta
Leon Edward Panetta (born June 28, 1938) is an American Democratic Party politician who has served in several different public office positions, including Secretary of Defense, CIA Director, White House Chief of Staff, Director of the Office of ...
, and Admiral Mike Mullen
Mike may refer to:
Animals
* Mike (cat), cat and guardian of the British Museum
* Mike the Headless Chicken, chicken that lived for 18 months after his head had been cut off
* Mike (chimpanzee), a chimpanzee featured in several books and document ...
, Chairman of the Joint Chiefs of Staff, sent the certification required by the Repeal Act to Congress on July 22, 2011, setting the end of DADT for September 20, 2011. A Pentagon spokesman said that service members discharged under DADT would be able to re-apply to rejoin the military then.
At the end of August 2011, the DOD approved the distribution of the magazine produced by OutServe, an organization of gay and lesbian service members, at Army and Air Force base exchanges beginning with the September 20 issue, coinciding with the end of DADT.
On September 20, Air force officials announced that 22 Air Force Instructions were "updated as a result of the repeal of DADT". On September 30, 2011, the Department of Defense modified regulations to reflect the repeal by deleting "homosexual conduct" as a ground for administrative separation.
Day of repeal and aftermath
On the eve of repeal, US Air Force 1st Lt. Josh Seefried
Josh Seefried (born February 6, 1986) is an LGBT rights activist, a former captain in the United States Air Force, and a former co-chairman on the Board of Directors of ''OutServe-SLDN,'' an association of lesbian, gay, bisexual and transgender ...
, one of the founders of OutServe, an organization of LGBT troops, revealed his identity after two years of hiding behind a pseudonym. Senior Airman Randy Phillips, after conducting a social media campaign seeking encouragement coming out and already out to his military co-workers, came out to his father on the evening of September 19. When the video of their conversation he posted on YouTube went viral, it made him, in one journalist's estimation, "the poster boy for the DADT repeal".[The Huffington Post]
"Randy Phillips, Gay Airman, Comes Out To Mom On YouTube"
September 29, 2011. Retrieved January 9, 2012. The moment the repeal took effect at midnight on September 19, US Navy Lt. Gary C. Ross married his same-sex partner of eleven and a half years, Dan Swezy, making them the first same-sex military couple to legally marry in the United States. Retired Rear Adm. Alan M. Steinman became the highest-ranking person to come out immediately following the end of DADT. HBO produced a World of Wonder documentary, ''The Strange History of Don't Ask, Don't Tell'', and premiered it on September 20. ''Variety'' called it "an unapologetic piece of liberal advocacy" and "a testament to what formidable opponents ignorance and prejudice can be". Discharge proceedings on the grounds of homosexuality, some begun years earlier, came to an end.
In the weeks that followed, a series of firsts attracted press attention to the impact of the repeal. The Marine Corps were the first branch of the armed services to recruit from the LGBTQ community. Reservist Jeremy Johnson became the first person discharged under DADT to re-enlist. Jase Daniels became the first to return to active duty, re-joining the Navy as a third class petty officer. On December 2, Air Force intelligence officer Ginger Wallace became the first open LGBT service member to have a same-sex partner participate in the "pinning-on" ceremony that marked her promotion to colonel. On December 23, after 80 days at sea, US Navy Petty Officer 2nd Class Marissa Gaeta won the right to the traditional "first kiss" upon returning to port and shared it with her same-sex partner. On January 20, 2012, U.S. service members deployed to Bagram, Afghanistan
Bagram (; Pashto/ fa, بگرام) is a town and seat in Bagram District in Parwan Province of Afghanistan, about 60 kilometers north of the capital Kabul. It is the site of an ancient city located at the junction of the Ghorband and Panjshir Va ...
, produced a video in support of the It Gets Better Project
It Gets Better is an Internet-based 501(c)3 nonprofit with a mission to uplift, empower, and connect lesbian, gay, bisexual, transgender, and queer (LGBTQ+) youth around the globe. It was founded in the United States by gay activist, author, m ...
, which aims to support LGBT at-risk youth. Widespread news coverage continued even months after the repeal date, when a photograph of Marine Sgt. Brandon Morgan kissing his partner at a February 22, 2012, homecoming celebration on Marine Corps Base Hawaii
Marine Corps Base Hawaii (MCBH), formerly Marine Corps Air Station Kaneohe Bay and originally Naval Air Station Kaneohe Bay, is a U.S. Marine Corps facility and air station located on the Mokapu Peninsula of windward O'ahu in the City & County ...
went viral. When asked for a comment, a spokesperson for the Marine Corps said: "It's your typical homecoming photo."
On September 30, 2011, Under Secretary of Defense Clifford Stanley announced the DOD's policy that military chaplains are allowed to perform same-sex marriages "on or off a military installation" where local law permits them. His memo noted that "a chaplain is not required to participate in or officiate a private ceremony if doing so would be in variance with the tenets of his or her religion" and "a military chaplain's participation in a private ceremony does not constitute an endorsement of the ceremony by DoD". Some religious groups announced that their chaplains would not participate in such weddings, including an organization of evangelical Protestants, the Chaplain Alliance for Religious Liberty and Roman Catholics led by Archbishop Timothy Broglio
Timothy Paul Andrew Broglio (born December 22, 1951) is an American prelate of the Roman Catholic Church. He has served as Archbishop for the Military Services, USA, since 2008, and as president of the United States Conference of Catholic Bishop ...
of the Archdiocese for the Military Services, USA
The Archdiocese for the Military Services, USA (formally the Military Ordinariate of Archdiocese for the Military Services of the United States) is a Latin Church ecclesiastical jurisdiction or archdiocese that provides the Catholic Church's pa ...
.
In late October 2011, speaking at the Air Force Academy
An air force academy or air academy is a national institution that provides initial officer training, possibly including undergraduate level education, to air force officer cadets who are preparing to be commissioned officers in a national air forc ...
, Colonel Gary Packard, leader of the team that drafted the DOD's repeal implementation plan, said: "The best quote I've heard so far is, 'Well, some people's Facebook status changed, but that was about it. In late November, discussing the repeal of DADT and its implementation, Marine General James F. Amos
James F. "Jim" Amos (born November 12, 1946) is a retired United States Marine Corps four-star general who served as the 35th Commandant of the Marine Corps. As a naval aviator, Amos commanded the 3rd Marine Aircraft Wing during the Iraq War i ...
said "I'm very pleased with how it has gone" and called it a "non-event". He said his earlier public opposition was appropriate based on ongoing combat operations and the negative assessment of the policy given by 56% of combat troops under his command in the Department of Defense's November 2010 survey. A Defense Department spokesperson said implementation of repeal occurred without incident and added: "We attribute this success to our comprehensive pre-repeal training program, combined with the continued close monitoring and enforcement of standards by our military leaders at all levels."
In December 2011, Congress considered two DADT-related amendments in the course of work on the National Defense Authorization Act for 2012. The Senate approved 97–3, an amendment removing the prohibition on sodomy found in Article 125 of the Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution ...
as recommended by the Comprehensive Review Working Group (CRWG) a year earlier.[Geidner, Chris (December 12, 2011)]
"Defense Bill Conference Report Strips Anti-Gay House Language, Keeps Military Sodomy Ban"
, ''MetroWeekly'': Retrieved February 20, 2012 The House approved an amendment banning same-sex marriages from being performed at military bases or by military employees, including chaplains and other employees of the military when "acting in an official capacity". Neither amendment appeared in the final legislation.
In July 2012, the Department of Defense granted permission for military personnel to wear their uniforms while participating in the San Diego Pride Parade. This was the first time that U.S. military personnel were permitted to wear their service uniforms in such a parade.
Marking the first anniversary of the passage of the Repeal Act, television news networks reported no incidents in the three months since DADT ended. One aired video of a social gathering for gay service members at a base in Afghanistan. Another reported on the experience of lesbian and gay troops, including some rejection after coming out to colleagues.
The Palm Center, a think tank
A think tank, or policy institute, is a research institute that performs research and advocacy concerning topics such as social policy, political strategy, economics, military, technology, and culture. Most think tanks are non-governmenta ...
that studies issues of sexuality and the military, released a study in September 2012 that found no negative consequences, nor any effect on military effectiveness from DADT repeal. This study began six months following repeal and concluded at the one year mark. The study included surveys of 553 generals and admirals who had opposed repeal, experts who supported DADT, and more than 60 heterosexual, gay, lesbian and bisexual active duty service personnel.
On January 7, 2013, the ACLU reached a settlement with the federal government in ''Collins v. United States''. It provided for the payment of full separation pay to service members discharged under DADT since November 10, 2004, who had previously been granted only half that.
2012 presidential campaign issue
Several candidates for the 2012 Republican presidential nomination called for the restoration of DADT, including Michele Bachmann
Michele Marie Bachmann (; née Amble; born April 6, 1956) is an American politician who was the United States House of Representatives, U.S. representative for from 2007 until 2015. A member of the Republican Party (United States), Republican ...
, Rick Perry
James Richard Perry (born March 4, 1950) is an American politician who served as the 14th United States secretary of energy from 2017 to 2019 and as the 47th governor of Texas from 2000 to 2015. Perry also ran unsuccessfully for the Republica ...
, and Rick Santorum
Richard John Santorum ( ; born May 10, 1958) is an American politician, attorney, and political commentator. A member of the Republican Party, he served as a United States Senator from Pennsylvania from 1995 to 2007 and was the Senate's thir ...
. Newt Gingrich
Newton Leroy Gingrich (; né McPherson; born June 17, 1943) is an American politician and author who served as the 50th speaker of the United States House of Representatives from 1995 to 1999. A member of the Republican Party, he was the U ...
called for an extensive review of DADT's repeal.
Ron Paul
Ronald Ernest Paul (born August 20, 1935) is an American author, activist, physician and retired politician who served as the U.S. representative for Texas's 22nd congressional district from 1976 to 1977 and again from 1979 to 1985, as well ...
, having voted for the Repeal Act, maintained his support for allowing military service by open homosexuals. Herman Cain
Herman Cain (December 13, 1945July 30, 2020) was an American businessman and Tea Party movement activist within the Republican Party. Born in Memphis, Tennessee, Cain grew up in Georgia and graduated from Morehouse College with a bachelor's d ...
called the issue "a distraction" and opposed reinstating DADT. Mitt Romney
Willard Mitt Romney (born March 12, 1947) is an American politician, businessman, and lawyer serving as the junior United States senator from Utah since January 2019, succeeding Orrin Hatch. He served as the 70th governor of Massachusetts f ...
said that the winding down of military operations in Iraq and Afghanistan obviated his opposition to the repeal and said he was not proposing any change to policy.
On September 22, 2011, the audience at a Republican candidates' debate booed a U.S. soldier posted in Iraq who asked a question via video about the repeal of DADT, and none of the candidates noticed or responded to the crowd's behavior. Two days later, Obama commented on the incident while addressing a dinner of the Human Rights Campaign
The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGB ...
: "You want to be commander in chief? You can start by standing up for the men and women who wear the uniform of the United States, even when it's not politically convenient".
In June 2012, Rep. Howard McKeon
Howard Philip "Buck" McKeon (born September 9, 1938) is an American politician who served as a U.S. representative from California's 25th congressional district from 1993 to 2015. He is a member of the Republican Party. He is a former chairman of ...
, Republican chair of the House Armed Services Committee, said he considered the repeal of DADT a settled issue, and that if Romney became president he would not advocate its reinstatement, though others in his party might.
2021 benefits restoration
In September 2021, on the 10th anniversary of the Don't Ask, Don't Tell repeal, President Joe Biden announced that the Veterans Administration would start providing benefits for servicemembers who received other-than-honorable discharges (before DADT was enacted and while it was in effect) because of their sexual orientation.
Views of the policy
Public opinion
In 1993, ''Time
Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, to ...
'' reported that 44% of those polled supported openly gay servicemembers, and in 1994, a CNN poll indicated 53% of Americans believed gays and lesbians should be permitted to serve openly.
According to a December 2010 ''The Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
''-ABC News
ABC News is the news division of the American broadcast network ABC. Its flagship program is the daily evening newscast ''ABC World News Tonight, ABC World News Tonight with David Muir''; other programs include Breakfast television, morning ...
poll 77% of Americans said gays and lesbians who publicly disclose their sexual orientation should be able to serve in the military. That number showed little change from polls over the previous two years, but represented the highest level of support in a Post-ABC poll. The support also cut across partisan and ideological lines, with majorities of Democrats (86%), Republicans (74%), independents (74%), liberals (92%), conservatives (67%), white evangelical Protestants (70%) and non-religious (84%) in favor of homosexuals serving openly.
A November 2010 survey by the Pew Research Center
The Pew Research Center is a nonpartisan American think tank (referring to itself as a "fact tank") based in Washington, D.C.
It provides information on social issues, public opinion, and demographic trends shaping the United States and the w ...
found that 58% of the U.S. public favored allowing gays and lesbians to serve openly in the military, while less than half as many (27%) were opposed. According to a November 2010 CNN
CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
/ Opinion Research Corporation poll, 72% of adult Americans favored permitting people who are openly gay or lesbian to serve in the military, while 23% opposed it. "The main difference between the CNN poll and the Pew poll is in the number of respondents who told pollsters that they didn't have an opinion on this topic – 16 percent in the Pew poll compared to only five percent in the CNN survey", said CNN Polling Director Keating Holland. "The two polls report virtually the same number who say they oppose gays serving openly in the military, which suggests that there are some people who favor that change in policy but for some reason were reluctant to admit that to the Pew interviewers. That happens occasionally on topics where moral issues and equal-treatment issues intersect."
A February 2010 Quinnipiac University Polling Institute
The Quinnipiac University Poll is a public opinion polling center based at Quinnipiac University in Hamden, Connecticut. It surveys public opinion in Connecticut, Florida, Georgia, Iowa, Minnesota, New York, New Jersey, Pennsylvania, Ohio, Texas, ...
national poll showed 57% of American voters favored gays serving openly, compared to 36% opposed, while 66% said not allowing openly gay personnel to serve is discrimination, compared to 31% who did not see it as discrimination. A CBS News
CBS News is the news division of the American television and radio service CBS. CBS News television programs include the ''CBS Evening News'', ''CBS Mornings'', news magazine programs '' CBS News Sunday Morning'', '' 60 Minutes'', and '' 48 H ...
/''The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' national poll done at the same time showed 58% of Americans favored gays serving openly, compared to 28% opposed.
Chaplains and religious groups
Chaplain groups and religious organizations took various positions on DADT. Some felt that the policy needed to be withdrawn to make the military more inclusive. The Southern Baptist Convention battled the repeal of DADT, warning that their endorsements for chaplains might be withdrawn if the repeal took place. They took the position that allowing gay men and women to serve in the military without restriction would have a negative impact on the ability of chaplains who think homosexuality is a sin to speak freely regarding their religious beliefs. The Roman Catholic Church called for the retention of the policy, but had no plans to withdraw its priests from serving as military chaplains. Sixty-five retired chaplains signed a letter opposing repeal, stating that repeal would make it impossible for chaplains whose faith teaches that same-sex behavior is immoral to minister to military service members. Other religious organizations and agencies called the repeal of the policy a "non-event" or "non-issue" for chaplains, claiming that chaplains have always supported military service personnel, whether or not they agree with all their actions or beliefs.
Discharges under DADT
After the policy was introduced in 1993, the military discharged over 13,000 troops from the military under DADT. The number of discharges per fiscal year under DADT dropped sharply after the September 11 attacks
The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercia ...
and remained comparatively low through to the repeal. Discharges exceeded 600 every year until 2009.
US Navy 110317-N-5469W-016 Rear Adm. Vic Guillory, commander of U.S. Naval Forces Southern Command and U.S. 4th Fleet, kicks off the Don't Ask, Don.jpg, Rear Adm. Vic Guillory, commander of U.S. Naval Forces Southern Command and U.S. 4th Fleet leads DADT repeal training for Tier 2 command leadership at Naval Station Mayport, March 17, 2011
US Navy 110406-N-YS896-005 Naval Special Warfare Command personnel watch Chief of Naval Operations (CNO) Adm. Gary Roughead during Don't Ask, Don't.jpg, Naval Special Warfare Command personnel watching Chief of Naval Operations Adm. Gary Roughead
Gary Roughead ( "rough head"; born July 15, 1951) is a former United States Navy officer who served as the 29th Chief of Naval Operations from September 29, 2007 to September 22, 2011. He previously served as Commander, United States Fleet Forces ...
during DADT repeal training, April 6, 2011
US Navy 110505-N-UB993-004 Capt. Joel A. Roos conducts Don't Ask Don't Tell (DADT) Repeal training for enlisted, officer and civilian staff of Nava.jpg, DADT Repeal training for enlisted, officer and civilian staff at Naval Medical Center San Diego, May 5, 2011
State-based gay and lesbian military veteran laws
In November 2019, both Rhode Island
Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
and New York State
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. stat ...
signed into law and implemented restoring military benefits to gay and lesbian military veterans. An estimated approximately 100,000 individuals were affected by the "don't ask don't tell policy" (since it was repealed in September 2011).
See also
* Liberal homophobia
Liberal homophobia is the acceptance of homosexuality as long as it remains hidden. It is a type of homophobia in which, despite acceptance of sexual diversity being expressed, prejudices and stereotypes that marginalize or underestimate LGBT peopl ...
* Steve May
Stephen Timothy 'Steve' May (born 29 November 1971) is a former politician from Arizona, where he served in the Arizona House of Representatives. He was openly gay when he ran for and served in the legislature. He was nevertheless recalled to acti ...
, gay Republican Arizona legislator, Army reservist until May 2001
*
* Sexual orientation and military service
Sex is the biological distinction of an organism between male and female.
Sex or SEX may also refer to:
Biology and behaviour
*Animal sexual behaviour
**Copulation (zoology)
**Human sexual activity
** Non-penetrative sex, or sexual outercourse
...
– for information on policies in military services worldwide
References
Citations
Bibliography
*
* Allan Bérubé, "How Gay Stays White and What Kind of White It Stays", in ''My Desire for History: Essays in Gay, Community, and Labor History'', John D'Emilio and Estelle B. Freeman, eds. (University of North Carolina Press, 2011)
*
* Tim McFeeley, "Getting It Straight: A Review of the 'Gays in the Military' Debate", in John D'Emilio, William B. Turner, and Urvashi Vaid, eds., ''Creating Change: Sexuality, Public Policy, and Civil Rights'' (NY: St. Martin's Press, 2000)
* David Mixner, ''Stranger Among Friends'' (NY: Bantam, 1996)
*
*
Further reading
*
* Belkin, Aaron (2013)
Readiness and DADT Repeal: Has the New Policy of Open Service Undermined the Military?
''Armed Forces & Society
''Armed Forces & Society'' is a quarterly peer-reviewed academic publication that publishes articles and book reviews on a wide variety of topics including civil–military relations, military sociology, veterans, military psychology, military ...
'', Forthcoming ... Access OnlineFirst at http://afs.sagepub.com/content/early/2012/12/06/0095327X12466248.abstract
*
* Carter, Chad C. and Antony B. Kolenc (2005)
"'Don't Ask, Don't Tell': Has the Policy Met Its Goals?"
, ''University of Dayton Law Review'', Fall 2005
* Huffman, J. Ford and Schultz, Tammy S. (editors) (2012), ''The End of Don't Ask Don't Tell: The Impact in Studies and Personal Essays by Service Members and Veterans'', Marine Corps University
*
*
*
External links
*
*
Robert Crown Law Library at Stanford Law Library
Text of Don't Ask, Don't Tell Repeal Act of 2010
Elaine Donnelly and Aaron Belkin Debate DADT at Maxwell Air Force Base, summer 2010
''Don't Ask Don't Tell Review'', House of Representatives, Military Personnel Subcommittee, July 23, 2008
{{DEFAULTSORT:Don't Ask, Don't Tell
1993 in LGBT history
1993 in American law
1993 in military history
American political catchphrases
Clinton administration controversies
Clinton administration initiatives
Discrimination against LGBT people in the United States
LGBT rights in the United States
Secrecy
Sexual orientation and the United States military
United States federal civil rights legislation
United States federal defense and national security legislation
United States military law
LGBT-related controversies in the United States
Censorship of LGBT issues