Dont Ask, Dont Tell: A Legal Analysis, Jody Feder, Legislative Attorney, September 15, 2010
“In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised [p]olicy concerning homosexuality in the armed forces. The new legislation reflected a compromise regarding the U.S. militarys policy toward members of the armed forces who engage in homosexual conduct. This compromise, colloquially referred to as Dont Ask, Dont Tell (DADT), holds that [t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual 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. Service members are not to be asked about, nor allowed to discuss, their sexual orientation. This compromise notwithstanding, the issue has remained both politically and legally contentious. This report provides a legal analysis of the various constitutional challenges that have been brought against
DADT; for a policy analysis, see CRS Report R40782, Dont Ask, Dont Tell: The Law andnMilitary Policy on Same-Sex Behavior, by David F. Burrelli.”
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