Don't ask, don't tell
Don't ask, don't tell | |
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Planned | Department of Defense Directive 1304.26 |
Planned by | Clinton administration |
Date | February 28, 1994 – September 20, 2011 |
Executed by | Les Aspin |
Outcome | Service by gays, bisexuals, and lesbians in the military |
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LGBT rights |
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Lesbian ∙ Gay ∙ Bisexual ∙ Transgender |
LGBT portal |
"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, the policy was issued under Department of Defense Directive 1304.26 on December 21, 1993, and was in effect from February 28, 1994, until September 20, 2011.[1] The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while barring openly gay, 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 103–160 (Title 10 of the United States Code §654), which was signed November 30, 1993.[2] 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".[3]
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".[4] Since DADT ended in 2011, persons who are openly homosexual and bisexual have been able to serve.[5]
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".[6]
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 certified that repeal would not harm military readiness, followed by a 60-day waiting period.[7] 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.[8] President Barack Obama, Secretary of Defense Leon Panetta, and Chairman of the Joint Chiefs of Staff Admiral Mike Mullen sent that certification to Congress on July 22, 2011, which set the end of DADT to September 20, 2011.[9]
Even with DADT repealed, the legal definition of marriage as being one man and one woman under the Defense of Marriage Act (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 with dependents.[10] The Department of Defense attempted to open some of the benefits that were not restricted by DOMA,[11] but the Supreme Court decision in United States v. Windsor (2013) made these efforts unnecessary.[12]
Background
Engaging in
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.[15] A 1957 U.S. Navy study known as the Crittenden Report 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.[16] Fannie Mae Clackum 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.[17]
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.[18]
The
During the
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.[32] 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".[33]
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.
In Congress, Democratic Senator Sam Nunn of Georgia 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 of Massachusetts, who favored modification (but ultimately voted for the defense authorization bill with the gay ban language), and 1964 Republican presidential nominee Barry Goldwater, a former Senator and a retired Major General,[36] 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".[37] The White House was also reportedly upset when LGBT activist David Mixner openly described Nunn as an "old-fashioned bigot" for opposing Clinton's plan to lift the ban on gays in the military.[38]
External videos | |
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Video Recording of President William Jefferson Clinton Speaking at a Press Conference on the Topic of Lifting the Ban on Homosexuals in the Military, January 29, 1993, NARA |
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, members of Congress, and portions of the public. DADT emerged as a compromise policy.[39] 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.[40] The Clinton administration on December 21, 1993,[41] issued Defense Directive 1304.26, which directed that military applicants were not to be asked about their sexual orientation.[40] This policy is now known as "Don't Ask, Don't Tell". The phrase was coined by Charles Moskos, a military sociologist.
In accordance with the December 21, 1993, Department of Defense Directive 1332.14,
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.[39]
The
Court challenges
DADT was upheld by five federal Courts of Appeal.
McVeigh v. Cohen
In January 1998, Senior Chief Petty Officer Timothy R. McVeigh (not to be confused with convicted Oklahoma City bomber, 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 email account name and user profile. District Judge Stanley Sporkin 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."[48] 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 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."[49] 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 called Sporkin's ruling "a victory for gay rights, with implications for the millions of people who use computer on-line services".[50]
Witt v. Department of the Air Force
In April 2006, Margaret Witt, a major in the
The Obama administration 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.[51] 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.[52]
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.[53] 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.[54]
Log Cabin Republicans v. United States of America
In 2010, a lawsuit filed in 2004 by the Log Cabin Republicans (LCR), the nation's largest Republican gay organization, went to trial.[55] 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.[56] Plaintiffs introduced statements by President Barack Obama, 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.[57]
On September 9, 2010, Judge
Following the passage of the Don't Ask, Don't Tell Repeal Act of 2010, 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.[69] 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.[70]
In 2011, while waiting for certification, several service members were discharged under DADT at their own insistence,[71] until July 6 when a three-judge panel of the Ninth Circuit Court of Appeals re-instated Judge Phillips' injunction barring further enforcement of the U.S. military's ban on openly gay service members.[72] On July 11, the appeals court asked the DOJ to inform the court if it intended to proceed with its appeal.[73] 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".[74] and warning of "significant immediate harms on the government". On July 15, the Ninth Circuit restored most of the DADT policy,[74] 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 the Phillips ruling.[75]
Debate
Following the July 1999 murder of Army Pfc.
The principal candidates for the Democratic presidential nomination in 2000, Al Gore and Bill Bradley, 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. 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.[82] The 2000 Democratic Party platform was silent on the issue,[83] while the Republican Party platform that year said: "We affirm that homosexuality is incompatible with military service."[84] Following the election of George W. Bush 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.[85]
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.[86][87]
In July 2004, the American Psychological Association 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.[88] 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."[89]—while the Democratic Party maintained its silence.[90]
In February 2005, the
In February 2006, a
In 2006,
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."[100]
In December 2006,
Retired Chairman of the Joint Chiefs of Staff General John Shalikashvili[102] and former Senator and Secretary of Defense William Cohen[103] 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."[104] 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.[105] The debate took a different turn in March when General Peter Pace, 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."[106] 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."[107] 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."[108] Massachusetts Governor Mitt Romney, then in the early stages of his campaign for the 2008 Republican presidential nomination, defended DADT:[109]
When I first heard [the phrase], I thought it sounded silly and I just dismissed it and said, well, that can't possibly work. Well, I sure was wrong. It has worked. It's been in place now for over a decade. The military says it's working and they don't want to change it ... and they're the people closest to the front. We're in the middle of a conflict right now. I would not change it.
That summer, after U.S. Senator Larry Craig was arrested for lewd conduct in a men's restroom, conservative commentator Michael Medved 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."[110]
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.[104][111] On November 17, 2008, 104 retired generals and admirals signed a similar statement.[111] In December, SLDN arranged for 60 Minutes to interview Darren Manzella, an Army medic who served in Iraq after coming out to his unit.[112]
In 2008, former U.S. Senator Sam Nunn, who previously stalled efforts to lift the ban on gays serving in military when he was Chairman of the Senate Armed Forces Committee, hinted a shift from his previous political views by endorsing a new Pentagon study to examine the issue of homosexuals serving openly in the military, stating "I think [when] 15 years go by on any personnel policy, it's appropriate to take another look at it—see how it's working, ask the hard questions, hear from the military. Start with a Pentagon study."[113]
On May 4, 2008, while Chairman of the Joint Chiefs of Staff Admiral
In May 2009, when a committee of military law experts at the Palm Center, an anti-DADT research institute, concluded that the President could issue an Executive Order to suspend homosexual conduct discharges,[115] Obama rejected that option and said he wanted Congress to change the law.[116]
On July 5, 2009, Colin Powell 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."[117] In September, Joint Force Quarterly published an article by an Air Force colonel[118] that disputed the argument that unit cohesion is compromised by the presence of openly gay personnel.[119]
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."[120]
In January 2010, the White House and congressional officials started work on repealing the ban by inserting language into the 2011 defense authorization bill.[121] During Obama's State of the Union Address 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.[122]
At a February 2, 2010, congressional hearing, Senator
The Center for American Progress 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.[126] On March 25, 2010, Defense Secretary Gates announced new rules mandating that only flag officers could initiate discharge proceedings and imposing more stringent rules of evidence on discharge proceedings.[127]
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.[128]
In March 2005, Rep. Martin T. Meehan introduced the Military Readiness Enhancement Act 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".[129] As of 2006, it had 105 Democrats and 4 Republicans as co-sponsors.[100] He introduced the bill again in 2007 and 2009.
During the
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,[137] the U.S. House of Representatives approved the Murphy amendment[138] to the National Defense Authorization Act 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 study and certification by key officials that the change in policy would not harm military readiness followed by a waiting period of 60 days.[139][140] The amended defense bill passed the House on May 28, 2010.[141] On September 21, 2010, John McCain led a successful filibuster against the debate on the Defense Authorization Act, in which 56 Senators voted to end debate, four short of the 60 votes required.[142] 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.[143]
The American Civil Liberties Union (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.[144]
On November 30, 2010, the
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.[148] 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.[151] The heads of the Marine Corps, Army, and Navy all advised against immediate repeal and expressed varied views on its eventual repeal.[152] Oliver North, writing in National Review 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".[153]
On December 9, 2010, another filibuster prevented debate on the Defense Authorization Act.[154] In response to that vote, Senators Joe Lieberman and Susan Collins 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.[155] It passed the House on a vote of 250 to 175 on December 15, 2010.[156] On December 18, 2010, the Senate voted to end debate on its version of the bill by a cloture vote of 63–33.[157] The final Senate vote was held later that same day, with the measure passing by a vote of 65–31.[158]
U.S. Secretary of Defense Robert Gates 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.[159] President Obama signed the repeal into law on December 22, 2010.[7]
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.[160]
Representative Duncan D. Hunter 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.[161] 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.[162] Congressional efforts to prevent the change in policy from going into effect continued into May and June 2011.[163]
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.[164] 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.[165]
In May 2011, the U.S. Army reprimanded three colonels for performing a skit in March 2011 at a function at Yongsan Garrison, South Korea, that mocked the repeal.[166]
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 to officiate if they so chose resulted in a letter of protest from 63 Republican congressman, citing the Defense of Marriage Act (DOMA) as controlling the use of federal property.[167] 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".[168] 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".[169] A few days later the Navy rescinded its earlier instructions "pending additional legal and policy review and interdepartmental coordination".[170]
While waiting for certification, several service members were discharged at their own insistence[71] 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,[8] which the military promptly did.[171]
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".[172]
President Obama, Secretary of Defense Leon Panetta, and Admiral Mike Mullen, 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.[173] A Pentagon spokesman said that service members discharged under DADT would be able to re-apply to rejoin the military then.[174]
At the end of August 2011, the DOD approved the distribution of the magazine produced by
On September 20, Air Force officials announced that 22 Air Force Instructions were "updated as a result of the repeal of DADT".[176] On September 30, 2011, the Department of Defense modified regulations to reflect the repeal by deleting "homosexual conduct" as a ground for administrative separation.[177][178]
Day of repeal and aftermath
On the eve of repeal, US Air Force 1st Lt.
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.[185] Reservist Jeremy Johnson became the first person discharged under DADT to re-enlist.[186] Jase Daniels became the first to return to active duty, re-joining the Navy as a third class petty officer.[187] 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.[188] 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.[citation needed] On January 20, 2012, U.S. service members deployed to Bagram, Afghanistan, produced a video in support of the It Gets Better Project, which aims to support LGBT at-risk youth.[189] 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 went viral.[190] When asked for a comment, a spokesperson for the Marine Corps said: "It's your typical homecoming photo."[191]
On September 30, 2011, Under Secretary of Defense
In late October 2011, speaking at the Air Force Academy, 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.'"[195] In late November, discussing the repeal of DADT and its implementation, Marine General James F. Amos 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."[196]
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 as recommended by the Comprehensive Review Working Group (CRWG) a year earlier.[197][198] 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.[197]
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.[199]
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.[200] Another reported on the experience of lesbian and gay troops, including some rejection after coming out to colleagues.[201]
The Palm Center, a think tank 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.[202][203]
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.[204]
2012 presidential campaign issue
Several candidates for the 2012 Republican presidential nomination called for the restoration of DADT, including Michele Bachmann,[205] Rick Perry,[206] and Rick Santorum.[207] Newt Gingrich called for an extensive review of DADT's repeal.[208]
Ron Paul, having voted for the Repeal Act, maintained his support for allowing military service by open homosexuals.[209] Herman Cain called the issue "a distraction" and opposed reinstating DADT.[210] Mitt Romney 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.[211]
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 acknowledged or responded to the crowd's behavior.[212] Two days later, Obama commented on the incident while addressing a dinner of the Human Rights Campaign: "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".[213]
In June 2012, Rep.
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 service members who received other-than-honorable discharges (before DADT was enacted and while it was in effect) because of their sexual orientation.[215]
Views of the policy
Public opinion
In 1993, Time reported that 44% of those polled supported openly gay service members,[216] and in 1994, a CNN poll indicated 53% of Americans believed gays and lesbians should be permitted to serve openly.[217]
According to a December 2010
A November 2010 survey by the Pew Research Center 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.[219] According to a November 2010 CNN/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.[220] "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."[221]
A February 2010
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.[224][225] 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.[226] 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.[227] 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.[228][229][230]
Discharges under DADT
After the policy was introduced in 1993, the military discharged over 13,000 troops from the military under DADT.[111][231][232] The number of discharges per fiscal year under DADT dropped sharply after the September 11 attacks and remained comparatively low through to the repeal. Discharges exceeded 600 every year until 2009.
Year | Coast Guard | Marines | Navy | Army | Air Force | Total |
---|---|---|---|---|---|---|
1994[233] | 0 | 36 | 258 | 136 | 187 | 617 |
1995[233] | 15 | 69 | 269 | 184 | 235 | 772 |
1996[233] | 12 | 60 | 315 | 199 | 284 | 870 |
1997[233] | 10 | 78 | 413 | 197 | 309 | 1,007 |
1998[233] | 14 | 77 | 345 | 312 | 415 | 1,163 |
1999[233] | 12 | 97 | 314 | 271 | 352 | 1,046 |
2000[233][234] | 19 | 114 | 358 | 573 | 177 | 1,241 |
2001[233][234] | 14 | 115 | 314 | 638 | 217 | 1,273 |
2002[233][234] | 29 | 109 | 218 | 429 | 121 | 906 |
2003[233] | – | – | – | – | – | 787 |
2004[235] | 15 | 59 | 177 | 325 | 92 | 668 |
2005[235] | 16 | 75 | 177 | 386 | 88 | 742 |
2006[233] | – | – | – | – | – | 623 |
2007[233] | – | – | – | – | – | 627 |
2008[236] | – | – | – | – | – | 619 |
2009 | – | – | – | – | – | 428 |
2010[237] | 11 | – | – | – | – | 261 |
Total | ≥156 | ≥889 | ≥3,158 | ≥3,650 | ≥2,477 | 13,650 |
Disclaimer: These statistics are not official and only include soldiers who came forward to the Servicemembers Legal Defense Network. Because some soldiers do not disclose their discharge, some of the numbers may be inaccurate. |
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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
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Naval Special Warfare Command personnel watching Chief of Naval Operations Adm. Gary Roughead during DADT repeal training, April 6, 2011
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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
See also
- Liberal homophobia
- Steve May, gay Republican Arizona legislator, Army reservist until May 2001
- Sexual orientation and gender identity in the United States military
- Sexual orientation and military service– for information on policies in military services worldwide
- Transgender military ban in the United States
References
Citations
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- ^ Servicemembers Legal Defense Network– Annual Gay Discharges Under "Don't Ask, Don't Tell, Don't Pursue, Don't Harass"
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Bibliography
- Allan Bérubé (1990). Coming Out Under Fire: The History of Gay Men and Women in World War Two. Plume. ISBN 978-0-452-26598-1.
- 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)
- Elizabeth Drew (1994). On the Edge: The Clinton Presidency. Simon & Schuster. OCLC 31077297.
- 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)
- Randy Shilts (May 1, 1993). Conduct Unbecoming: Lesbians and Gays in the U.S. Military : Vietnam to the Persian Gulf. St Martins Press. ISBN 978-0-312-09261-0.
- Urvashi Vaid (1995). Virtual Equality: The Mainstreaming of Gay & Lesbian Liberation. Anchor Books. OCLC 32468601.
Further reading
- Belkin, Aaron (2008). "'Don't Ask, Don't Tell': Does the Gay Ban Undermine the Military's Reputation?". S2CID 144524502.
- Belkin, Aaron (2013). Readiness and DADT Repeal: Has the New Policy of Open Service Undermined the Military? Armed Forces & Society, Forthcoming ... Access OnlineFirst at http://afs.sagepub.com/content/early/2012/12/06/0095327X12466248.abstract
- Bowling, Kirby L.; Firestone, Juanita M.; Harris, Richard J. (2005). "Analyzing Questions That Cannot Be Asked of Respondents Who Cannot Respond". S2CID 146142348.
- Carter, Chad C. and Antony B. Kolenc (2005). "'Don't Ask, Don't Tell': Has the Policy Met Its Goals?" Archived July 25, 2006, at the Wayback Machine, 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
- Levy, Yagil (2007). "The Right to Fight: A Conceptual Framework for the Analysis of Recruitment Policy toward Gays and Lesbians". S2CID 144959169.
- Moradi, Bonnie; Miller, Laura (2010). "Attitudes of Iraq and Afghanistan War Veterans toward Gay and Lesbian Service Members". S2CID 145529543.
- Schaub, Gary Jr (2010). "Unit Cohesion and the Impact of DADT" (PDF). Strategic Studies Quarterly. 4 (3): 85–101.
External links
- 10 U.S.C. § 654
- Document Library, 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