ABSTRACT

'Don't Ask, Don't Tell': The Law and Military Policy on Same-Sex Behavior [March 25, 2010]   [open pdf - 239KB]

"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."

Report Number:
CRS Report for Congress, R40782
Author:
Publisher:
Date:
2010-03-25
Copyright:
Public Domain
Retrieved From:
United States. Department of State, Foreign Press Centers, Bureau of Public Affairs: http://www.fpc.state.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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