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
Telephone: (607) 255-2703
Fax: (607) 255-9641
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