Tuesday, April 27, 2010

[IWS] CRS: "DON'T ASK, DON'T TELL:" THE LAW & MILITARY POLICY ON SAME-SEX BEHAVIOR [25 March 2010]

IWS Documented News Service
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Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor----------------------
Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
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Congressional Research Service (CRS)

 

“Don’t Ask, Don’t Tell:” The Law and Military Policy on Same-Sex Behavior

David F. Burrelli, Specialist in Military Manpower Policy

March 25, 2010

http://opencrs.com/document/R40782/2010-03-25/download/1013/

[full-text, 19 pages]

 

Summary

In 1993, new laws and regulations pertaining to homosexuality and U.S. military service came

into effect reflecting a compromise in policy. This compromise, colloquially referred to as “don’t

ask, don’t tell,” holds that the presence in the armed forces of persons who demonstrate a

propensity or intent to engage in same-sex acts would create an unacceptable risk to the high

standards of morale, good order and discipline, and unit cohesion which are the essence of

military capability. Under this policy, but not the law, service members are not to be asked about

nor allowed to discuss their “same-sex orientation.” The law itself does not prevent service

members from being asked about their sexuality. This compromise notwithstanding, the issue has

remained politically contentious.

 

Prior to the 1993 compromise, the number of individuals discharged for homosexuality was

generally declining. Since that time, the number of discharges for same-sex conduct has generally

increased until 2001. However, analysis of these data shows no statistically significant difference

in discharge rates for these two periods.

 

In recent years, several Members of Congress have expressed interest in amending “don’t ask,

don’t tell.” At least two bills would repeal the law and replace it with a policy of

nondiscrimination on the basis of sexual orientation—H.R. 1283 and S. 3065—have been

introduced in the 111th Congress.

 

On March 25, 2010, Secretary of Defense Robert M. Gates announced changes in the

department’s enforcement of the 1993 law. Under these changes, Secretary Gates said only a

general or flag officer would have the authority to separate someone who had engaged in

homosexual conduct, that information provided by a third party must be given under oath, and

that the information given to certain individuals—lawyers, pyschotherapist, clergy, and domestic

abuse counselors, for example—cannot be used in support of discharge proceedings.

 

For more information, see CRS Report R40795, “Don’t Ask, Don’t Tell”: A Legal Analysis, by

Jody Feder.

 

Contents

Recent Developments..................................................................................................................1

Background and Analysis ............................................................................................................1

Discharge Statistics .....................................................................................................................7

Recent Legislation ....................................................................................................................13

Tables

Table 1. Homosexual Conduct Administrative Separation Discharge Statistics...........................12

Appendixes

Appendix. 10 USC ยง654 ...........................................................................................................14

 

Contacts

Author Contact Information ......................................................................................................16



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Stuart Basefsky                   
Director, IWS News Bureau                
Institute for Workplace Studies 
Cornell/ILR School                        
16 E. 34th Street, 4th Floor             
New York, NY 10016                        
                                   
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