Publication

In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised "policy concerning homosexuality in the armed forces." The new legislation reflected a compromise regarding the US military’s policy toward members of the Armed Forces who engage in homosexual conduct. This compromise, colloquially referred to as "Don’t Ask, Don’t Tell (DADT)," holds that "the 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." This report provides a legal analysis of the various constitutional challenges that have been brought against DADT.