Premium Essay

Dadt

In:

Submitted By Mike1957
Words 1213
Pages 5
10 USC § 654 - Policy concerning homosexuality in the armed forces

(a) Findings.— Congress makes the following findings:
(1)Section 8 of article I of the Constitution of the United States commits exclusively to the Congress the powers to raise and support armies, provide and maintain a Navy, and make rules for the government and regulation of the land and naval forces.
(2)There is no constitutional right to serve in the armed forces.
(3)Pursuant to the powers conferred by section 8 of article I of the Constitution of the United States, it lies within the discretion of the Congress to establish qualifications for and conditions of service in the armed forces.
(4)The primary purpose of the armed forces is to prepare for and to prevail in combat should the need arise.
(5)The conduct of military operations requires members of the armed forces to make extraordinary sacrifices, including the ultimate sacrifice, in order to provide for the common defense.
(6)Success in combat requires military units that are characterized by high morale, good order and discipline, and unit cohesion.
(7)One of the most critical elements in combat capability is unit cohesion, that is, the bonds of trust among individual service members that make the combat effectiveness of a military unit greater than the sum of the combat effectiveness of the individual unit members.
(8)Military life is fundamentally different from civilian life in that—
(A)the extraordinary responsibilities of the armed forces, the unique conditions of military service, and the critical role of unit cohesion, require that the military community, while subject to civilian control, exist as a specialized society; and
(B)the military society is characterized by its own laws, rules, customs, and traditions, including numerous restrictions on personal behavior, that would not be acceptable in civilian society.

Similar Documents

Premium Essay

Homosexuality In The Military

...During the time that DADT was passed homosexuality was becoming more of a hot topic in American society. A lot of what DADT stood for, that homosexuals weren’t deserving of equal treatment in the military, was also present in other facets of life such as marriage or protection. Clinton passed the defense of marriage act, around the time of DADT, which specified that marriage was between a man and a woman and states didn’t have to recognize the gay marriages of another state. The correlation between marriage and the military was that one of the argument sused against homosexuals in the military, that it would demean the integrity and morality of the military, was also used against the idea of gay marriage, which was said to possibly ruin the integrity and morality of marriage. Another aspect of society that mirrored DADT was the fight for protection from discrimination for homosexuals. Romer v. Evans reached the Supreme Court in 1996 which struck down an amendment in the Colorado constitution that said that gays didn’t deserve equal protection under the law and claimed they would be “special rights” (cite). This phrase “special rights” was used as an argument for DADT as well. In Stephen Snyder-Hill’s book Soldier of Change, he talks about how while he sent in a question to the republican national debate about if they would implement DADT...

Words: 1995 - Pages: 8

Premium Essay

Dont Ask Dont Tell Appeal

...cap-and-trade system, various stimulus and bailout programs, and a takeover of the healthcare sector. (Bedey) Although these topics are still relevant, recently the motion to repeal “Don’t Ask Don’t Tell” has become one of the most talked about subjects. Before we get into debate, one must know the basic principles of the policy and its history of origin. “Don’t Ask, Don’t Tell, Don’t Pursue, Don’t Harass” (DADTDPDH or DADT for short) is a ban on lesbians, gays and bisexuals serving in the military. DADT is the only law in the United States that authorizes the firing of an American for being gay. There is no other federal, state, or local law like it. DADT is the only law that punishes lesbians, gays and bisexuals for coming out. Many Americans view DADT as a simple agreement with discretion as the key to job security. While this is true to some extent, in the eyes of a homosexual service member, it may not be so simple. An honest statement of one’s sexual orientation to anyone, anywhere, at anytime will lead to being fired. (Service Members Legal Defense Network) DADT was the result of a failed effort by President Clinton to end the ban on gays in the military. The bill was a result of the brutal 1992 murder of Seaman Allen Shindler. Bill Clinton, a candidate at the time, proposed ending the ban by issuing an Executive Order overriding the Department of Defense regulations that barred gays from serving. Congress, however, intervened and the ban was made law, theoretically preventing...

Words: 1524 - Pages: 7

Free Essay

Paper

...research is to clarify the origin points of the Don’t Ask, Don’t Tell policy, its effects, repeal, and the effects of the repeal. It also explains the monetary statistics, amount of discharges since its commencement and emotional toll it has taken on service members. Though the scope of the Don’t Ask Don’t Tell policy is great, attempts are made to explain the specifics from commencement, to repeal. The Injustice of Don’t Ask, Don’t Tell Homo. Faggot. Queer. Dyke. These are some slurs many homosexuals have been subjected to. In the land of equality and freedom, everyone deserves equal treatment. Ironically, those who serve their country are a victim of the most unjust and unequal treatment; most notably the Don’t Ask Don’t Tell Policy, (DADT) which was passed to subjugate gay service members. This policy has a long and unclear history but one thing is clear: it has robbed proud homosexual service members of their honor. Its origin, effects, repeal, and the effects of its repeal have illustrated this truth. In March 1778 in Valley Forge, PA the first homosexual case in the military came when a male officer in the Army was dishonorably discharged for having sex with a fellow soldier. This was a violation of the Articles of War, a “precursor to the Uniform Code of Military Justice”. During World War II, proactive investigations proceeded to seek out homosexuals in the military; not too long after in 1957, Navy Captain and chairman of the United States Navy Board of Inquiry S.H...

Words: 1390 - Pages: 6

Premium Essay

Homosexuality in the Military

...Serving in the military is for many the most honored position they will hold in their lifetime. Many dedicate their entire lives to serving their country. For some soldiers however their dream of proudly serving their country was cut short because they are gay, lesbian or bisexual. America’s attitude towards acceptance of homosexuals has continued to grow over the past couple of decades, but full acceptance and equality is still far off. Nowhere are attitudes towards homosexuality more conservative than in the U.S. military, yet even here attitudes are slowly evolving towards acceptance and equality. Gays and lesbians were banned from serving in the military until 1992 when President Clinton signed into law “Don’t Ask, Don’t Tell”, which allowed homosexuals to serve as long as they did not discuss their sexuality, and the military could not ask about it. The debate about whether homosexuals should be allowed in the military at all and of whether they should be allowed to be open about their sexual orientation while serving has been ongoing over the last thirty years. Sexuality has no bearing on one’s ability to be a good soldier or on the cohesion of a military unit. Gays and lesbians should be allowed to serve openly in the military, because the policy of “Don’t Ask, Don’t Tell” is harmful to both soldiers and the military. Human sexuality is complicated, yet we live in a society that tries to only see such issues in a black and white fashion. Homosexuals have been...

Words: 2602 - Pages: 11

Premium Essay

Dont Ask Dont Tell

...: “Don’t Ask…Don’t Tell…Don’t Be All You Can Be!” I) Introduction: a) Don’t ask don’t tell or commonly known as DADT is a law that passed in congress in 1993 that requires the discharge of openly gay, lesbian and bisexual active members of the US Armed Forces. Under this law the Military will discharge any member, who engage in homosexual conduct, which is defined as a homosexual act, a statement that the member is homosexual or bisexual, or a marriage or attempted marriage to someone of the same gender. b) THESIS – The law passed by congress “Don’t Ask Don’t Tell” should be placed as an inactive piece of legislature spoils the American spirit, does not leave much room for the younger generations of today to put faith in our government and costs tax payers extra money that they do not have due to the crashing economy. II) I plan to construct an argument that DADT should be placed as inactive piece of legislature by using the argument by narration. I plan to tell the stories of a few service members that have been discharged from the military because of this law. III) There are a few opposing arguments from those in congress that support it that I plan on analyzing and trying to show the weakness in their arguments as to why DADT should remain active. IV) The audience should care about this topic because having the DADT law as an active piece of legislature costs us money not to mention the lives of able bodied people who are willing to fight...

Words: 334 - Pages: 2

Premium Essay

Sexuality In The Military

...into play. This was the “Don’t Ask Don’t Tell” policy or DADT for short, this policy theoretically lifted a ban on homosexual service that had been instituted during World War II. This policy was put into play by President Bill Clinton in 1993 and it...

Words: 1230 - Pages: 5

Premium Essay

Dont Ask, Dont Tell 8 Page

...Don’t Ask, Don’t Tell Policy DeVry University Online During a time of need and desperation, when another person jumped to your aid and helped you out, did you stop to think about what their sexual preference was and if so would it have mattered to you? Well if you are in one of the United States Military branches, it is almost guaranteed to have come up and it has caused enough of an issue, commotion and publicity that the President of the United States had to step in and put into place a policy for what is the beginning of a giant human rights and equality motion in history. Even in this new century, who you choose to have sex with or love, still appears to be an issue for many people. Some even know that this person may one day save your life and have your back and it’s still an issue for some. The struggles of discrimination and inequality were all too frequent in the lives of homosexuals who were serving or trying to serve in the United States Military started to catch attention with the media and caught the attention by many who had voices to make a difference for equality. During the civil rights movement in the 1960’s, homosexuality wasn’t a right that was openly fought for. Albeit that today, most people view the right to love whom they choose as a civil, and human right. Many people believe that a relationship should be between a man and a woman and therefore the rights of the homosexual community were not fought over in any of the early civil rights movements...

Words: 3782 - Pages: 16

Premium Essay

History of Sexuality

...| | | A Historical Critique of Homosexual Exclusions from the Armed Forces using the concepts of Michel Foucault From 1989 to 1999, the time period of the Clinton Administration, a homosexual force entered the American consciousness. Court cases and rhetoric of the 80s incited a discourse in which homosexuality was "re-articulated, re-negotiated, and unmistakably re-repressed" (Davis 3). Supreme Court judgment and actions taken by Congress with the "Don't Ask, Don't Tell" policy exemplify theories of sexuality and power expressed in the philosophies of Michel Foucault. Foucault was a French-born philosopher historian. He examined social institutions such as medicine, psychiatry, the prison system, and the human sciences in general. Specifically he focused on how these institutions relate to power interactions. For a time he was associated with structuralism, which is an intellectual movement in which the culture of humanity is semiotically analyzed. However he distanced himself from the structuralism movement after the 60s. He wrote on a wide array of topics from knowledge to power and discourse. He considered himself "Nietzschean" (Fox 169). In viewing his own system of philosophy this way, he rejected the postmodernist label attributed to him. In fact, he held that his work was in line with the modernity of the philosophies of...

Words: 3620 - Pages: 15

Premium Essay

The Rights of Homosexuals

...History of Sexuality There have been conscious efforts and changes done to improve the rights of homosexuals, although much discrimination and prejudices against them are still observed around the world. It is impossible for many, especially those with more traditional mindset and strong religious beliefs, to even contemplate the idea of homosexuality. The choice of leading a homosexual or heterosexual lifestyle lies with the individual and no one else has to right to discriminate their decision. We should however, respect one another regardless of one's sexual orientation and differences just like how we have come to be accepting of people who are of a different race. Hence, homosexuals should not be treated any differently from heterosexuals either. For years, homosexuals have been fighting for equal rights. Discriminations against homosexuals are often openly expressed and unfair treatments between homosexuals and heterosexuals are observed in many countries. In a gay community, it also consists of lesbians, gays, bisexuals and transgendered (LGBT). LGBT people often have to face social ostracism as most people have strong religious beliefs that disapprove of homosexuality and they usually have little or no social contact with them. Discrimination and prejudice against homosexuals are seen in places even schools. Most of the time, people, especially the younger generations, use words related to homosexuality as an insult. This way, it creates...

Words: 805 - Pages: 4

Free Essay

“Don’t Ask, Don’t Tell” Policy

...Sherwood W. Harrison ENGL 112 Mrs. Slagle 09 April 2014 “DON’T ASK, DON’T TELL” Policy For nearly eighteen years The United States government’s “Don’t Ask, Don’t Tell” (DADT) policy has prohibited any gay or bisexual person from revealing his or her sexual preference or from speaking about any gay relationships, including marriages or other family related attributes, while serving in the military. The (DADT) also prohibits superiors from initiating investigations of a service member's sexual preference without credible evidence of "homosexual conduct”. The policy should be repealed because the personal privacy of someone should not dictate their fighting ability or duty fulfillment as long as the job is being done correctly. According to The Declaration of Independence, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the pursuit of Happiness”(Jefferson, Thomas). The great thing about being in America is that a person can be whatever or whomever he or she pleases; people are supposed to be able to express themselves in any way, shape, or form. The psychological toll on gay and lesbian service members has come at a great cost; they are forced to conceal their identities and live in fear of being “outed” (Samuels 10). The only thing a person wants to do is live their life, and be treated equally. Prejudice and ignorance are two of the most...

Words: 853 - Pages: 4

Free Essay

Trans-Genders

...Trans-genders in the Military As time continues, things that we found unusual and unrealistic have become normal and not such a burden to us. The military has been a key role on moving forward with many of these hush hush discussions many try to sweep under the rug. Now that the military is allowing openly gay, lesbian, and bi-sexual personnel into the military, there should be no reason for them to discriminate on trans-gender personnel who are trying to serve their country. In order for us to go forward with my statement I need you all to be opened minded. We all have an opinion but in the end it’s up to us to make the change for our future. The Don’t Ask Don’t Tell (DADT) era was a time when homosexuals where not allowed to be who they where without getting in trouble. The term was coined after President Bill Clinton in 1993 signed a law (consisting of statue, regulations, and policy memoranda) directing that military personal could not openly be a homosexual in the military (Britannica, 2015). In order for Clinton to win his seat in the white House he needed his sponsors to support him and having openly gays in the military was not something they wanted. Even though Clinton was for it he had to satisfy his supporters. After many discussions and fights back and forth Clinton finally came to an agreement that homosexuals could join the military but not be opened about it. Many officers were overwhelmingly opposed to that approach, fearing that the mere presence of homosexuals...

Words: 1799 - Pages: 8

Premium Essay

Image of Change

...IMAGES OF CHANGE ANALYSIS Wayne Golding HR587 – Managing Organizational Change Keller Graduate School of Management Summer B 2011 Session Professor Elizabeth Lugo-Martinez Date Submitted: 9/18/2011 Introduction Last year, with the stroke of a pen, President Obama annulled the ‘don’t ask, don’t tell’ law, which prohibited gays and lesbians from serving openly in the military. But there’s been a catch: the ban didn’t take effect immediately. The military leadership and the president must first certify that the change will not hurt troop readiness before it will take effect. While Obama promised to move “swiftly end efficiently,” the military has continued to enforce the ‘don’t ask’ policy during the ramp up period. (Koppel, 2011) The military operates with management as control. This has been a dominant image historically. It is associated with a top-down, hierarchical view of managing. Typically, the organization is treated as if it is a machine: It is up to managers to drive the machine in specific directions, people are told what their roles will be and departments and business units are allocated resources (inputs) so that the machine can perform efficiently and produce the necessary products or services in which it is engaged (outputs). (Palmer, 2008) In this case it is the Commander and Chief of the Armed Forces achieves the intentional change through a combination of Power-coercive and Normative–re-educative strategies...

Words: 1089 - Pages: 5

Premium Essay

Sodomy In The Military Essay

...in the 1970s grew until in 1993 President Bill Clinton asked Congress to repeal the ban and enacted a policy DOD Directive 1304.26 (SECDEF, 1993), officially referred to as “Don’t ask don’t tell” (DADT), this policy took effect Feb 28 1994. Under DADT homosexual service members could continue service as long as no one ever found out, this policy extended to every person they would ever know. Information leaked to the military about a service member’s homosexuality from any source started the process of removing them from the military immediately. It was then up to the accused service member to prove they were heterosexual and always had been. Accused service members allowed to stay in service must swear under oath that they had / would never commit homosexual acts. History of Policies Regarding Sodomy 1994-2018 In 2000 an updated version of the DSM published, but not made available online until 2014. In the DSM-4 (APA, 2000) homosexuality was no longer classified as a mental disorder, though transgenderism still found classification under gender identity disorder. The LGBT community filed for appeal in multiple levels of court and the military continued to operate under the DADT policies until 6 July 2011 when the United States Circuit Court of Appeals issued a repeal of DADT. On 22 December 2011, President Obama signed legislation that would allow openly homosexual personnel to not only continue military service, but also allow them to enlist. The publishing of DSM-5 (APA...

Words: 1576 - Pages: 7

Premium Essay

Don T Ask Dont Tell Essay

...On February 24, 1994, the Clinton Administration instituted a law that would allow gay and lesbian persons to serve in the military if they kept quiet about their sexual orientation. This new law was known widely as Don’t Ask, Don’t Tell, or DADT. Although it was meant to ease the fire within this debate, many human rights activists saw it as a law that encouraged discrimination against gay and lesbian officers. While a small population saw this law was a step in the right direction for equal rights, it did not satisfy the LGBT community or those who wished to destroy intolerance in the military. Men and women whom the law affected, while still allowed to serve, were struck with constant anxiety from the fear of being discovered and discharged...

Words: 647 - Pages: 3

Premium Essay

Gays in Society and the Effects on the Military

...Gays in Society and the Effects on the Military Sean M. Czuchaj Introduction to Anthropology 101 Professor Michelle McBrady October 15, 2013 When it comes to homosexuals in society there are great many misguided opinions and active prejudices amongst the people around the world. More often than not those that associate themselves as being gay, lesbian, or even bisexual are chastised amongst their peers. The focus of this paper is to present an opinion as well as facts in a variety of subjects and how gays relate to them. Also to show the affect that gays have had on the military and policy changes that have positively impacted homosexuals. In many cultures, homosexual people are regularly the focus of bigotry and discrimination. Like those that associate themselves with many other minority groups they are the articles of prejudice, they are also the focus of stereotyping, which further adds to the “freezing out” from society. The prejudice, discrimination, and stereotyping are all representations of forms of homophobia and heterosexism (or bigotry towards homosexuals), these can include negative assertiveness, prejudice, and discrimination in favor of heterosexuality and relationships. Heterosexism can embrace the belief that everyone is heterosexual or that opposite-sex allures and relationships are normal and consequently superior. Homophobia is a fear of, loathing towards, or discrimination against homosexual people. There are a number of different...

Words: 2668 - Pages: 11