DON'T ASK, DON'T TELL

Don't Ask, Don't Tell

Don't Ask, Don't Tell

Introduction

President Obama is faced with a host of pressing issues related to the economy and national security as he assumes office this year. One that has repeatedly surfaced is that of gays and lesbians serving openly in the military. Recently the “Don't Ask Don't Tell” policy has gained momentum in the news. It is a policy that the forty-fourth president will be asked by Congress to address, one that is controversial in its wording and intent, and in need of a fresh look (Service members Legal Defense Network, 2008).

Discussion

History of United States Laws Regarding Homosexuals in the Military

Gays and lesbians have served honorably in uniform throughout the history of the United States Armed Forces. Current data indicates that there are about 65,000 gays and lesbians serving in the military today. The question of whether or not they should be permitted to serve openly is one that has captured the nation's attention over the last thirty years, gaining momentum in recent years. Up until World War II there were no specific laws or military regulations on the subject and gays caught engaging in homosexual conduct were punished or separated using laws targeting unacceptable or antisocial conduct. During World War II military regulations decriminalized homosexuality, determining instead that it was a psychological disorder. Individuals with “homosexual tendencies” were considered unsuitable for military service unless they were “treatable,” in which case they were required to undergo rehabilitation to remain in the military.

Application of the existing laws during that time and over the next several decades was neither clear nor consistent. Some service members were discharged honorably, and some dishonorably for the same offense. 3 A string of court cases in the 1970's and 1980's brought to light the fact that gays and lesbians were being dealt with in an inconsistent manner across the services. Between 1980 and 1990, a total of 16,919 people, an average of 1,500 per year, were discharged from the military under the exclusion policy of that time.

Towards the end of President Carter's administration, DoD Directive 1332 removed the discretion commanders had in dealing with the issue of gays serving in their units.5 The new policy stated that homosexuality is incompatible with military service. It gave the rationale that “the presence of such members adversely affects the ability of the armed forces to maintain good order and discipline and unit cohesion; to foster mutual trust and confidence among service members who frequently must live and work under close conditions affording minimal privacy; to recruit and retain members of the armed forces; to maintain the public acceptability of military service; and to prevent breaches of security” (Aaron, 2003).

Under DADT the military does not question if a member is gay upon enlistment or commissioning, but it does stipulate that if a member admits to being gay, they are subject to dismissal. The primary rationale for implementation of DADT is unit ...