Background

• Background: Gays prohibited from disclosing information about their sexuality
• Recent Legislation: Military Readiness Enhancement Act 2005

Background

• Under the 1993 "Don't ask, don't tell" policy, Pub.L. 103-160 (10 U.S.C. � 654), it is prohibited to disclose any information regarding homosexual behavior, including one's sexual orientation, while serving in the United States Armed Forces. Military officials are also prohibited from investigating the sexuality of personnel.
• The policy was created by Colin Powell in a compromise between supporters of the previous policy that banned all non-heterosexuals from military service and President Clinton, who promised to amend the law.
• According to preliminary Pentagon data, more than 1,000 service members were discharged each year from 1997 to 2001 on average. In the past five years the average has fallen below 730 due to a shortage in military recruits. (Source: The Washington Post)
• Department of Defense has defended its past discrimination policy claiming that homosexual and bisexual people pose a security risk by eroding unit cohesion and morale. The report argues that most homosexuals and bisexuals are pedophiles who engage in a self-destructive and immoral life-style. Homosexual service men and women have been targets of harassment, at times leading to assault and murder.

Recent Legislation

• The policy has been upheld five times in federal court. In Rumsfeld v. Forum for Academic and Institutional Rights, the Supreme Court unanimously decided the federal government could withhold funding despite nondiscrimination policies in order allow military recruiters on university and college campuses.
• In March 2005, Congressman Marty Meehan (D-MA) introduced the Military Readiness Enhancement Act that would replace the current "Don't Ask Don't Tell" policy with one of nondiscrimination on the basis of sexual orientation in the armed forces. *

Debate

Country Comparison

Recent Developments

• The current Chairman of the Joint Chiefs of Staff, Navy Adm. Mike Mullen, recently spoke to the graduating class of the U.S. Military Academy at West Point on 2 May 2008 and was asked by a cadet on his opinion of the prospect of having a President that was willing to change the "Don't Ask, Don't Tell" policy. He responded apolitically saying "it's a law, and we follow it." This is a clear and maybe nuanced break from the previous Chairman, Marine Gen. Peter Pace, who publicly expressed his views on homosexuality and his support of the current DADT policy in a Chicago Tribune interview . (Source: Adm Mullens remarks), (Source: Gen Pace remarks)

Additional Information