Don't Ask Don't Tell
In 1993 President Bill Clinton attempted to lift the ban on
homosexuals in the military. It was one of the most contentious
efforts of his administration, sparking months of intense
debate.
Following twelve legislative hearings and field trips, Congress passed a law codifying and confirming the pre-Clinton policy. That statute, technically named Section 654, Title 10, P.L. 103-160, is frequently mislabeled “Don’t Ask, Don’t Tell.” A more accurate name would have been the “Military Personnel Eligibility Act of 1993.” The statute, which has been upheld by the courts as constitutional several times, clearly states that homosexuals are not eligible for military service.
In 1993 members of Congress gave serious consideration to a proposal known as “Don’t Ask, Don’t Tell,” which was announced by President Clinton on July 19, 1993. The concept suggested that homosexuals could serve in the military as long as they didn’t say they were homosexual. Congress wisely rejected the convoluted “Don’t Ask, Don’t Tell” concept and did not write it into law. Members recognized an inherent inconsistency that would render that policy unworkable and indefensible in court: If homosexuality is not a disqualifying characteristic, how can the armed forces justify dismissal of a person who merely reveals the presence of such a characteristic? Instead of approving such a convoluted and legally-questionable concept, Congress chose to codify Defense Department regulations that were in place long before Bill Clinton took office.
The resulting law, identified as Section 654, Title 10, continued the long-standing Defense Department policy stating that homosexuals are not eligible for military service. Following extensive debate in both Houses, the legislation passed with overwhelming, veto-proof bipartisan majority votes. In writing this law, members wisely chose statutory language almost identical to the 1981 Defense Department Directives regarding homosexual conduct, which stated that “homosexuality is incompatible with military service.” Those regulations had already been challenged and upheld as constitutional by the federal courts.
The 1993 statute was designed to encourage good order and discipline, not the dishonesty inherent in “Don’t Ask, Don’t Tell.” Congress rejected that concept, and chose instead to codify unambiguous findings and statements that were understandable, enforceable, consistent with the unique requirements of the military, and devoid of the First Amendment conundrums that were obvious in President Clinton’s July 19 proposal.
A thorough search of media reports at the time, however, reveals that there were few news stories reporting passage of the law. Those that did appear in print failed to report its language and meaning with accuracy. [7] Those reports and convoluted Defense Department statements since then have confused the issue by erroneously suggesting that Congress voted for Bill Clinton’s flawed proposal, known by the catch-phrase “Don’t Ask, Don’t Tell.”
Describing the law as a “compromise” and referring to it as “Don’t Ask, Don’t Tell” gave political cover to President Clinton, who had promised to lift the ban shortly after his election in 1992. In fact, due to overwhelming public opposition, President Clinton failed to deliver on his promise. The only “compromise” involved allowed the Clinton administration to continue its “interim policy” of not asking “the question” regarding homosexuality that used to appear on routine induction forms.
http://www.cmrlink.org/HMilitary.asp?docID=336
This organization is based on the opinions of the Lesbian, Gay, Bisexual, and Transgender identified Department of Defense (DOD) employees (civilians and military), retirees, veterans, and their friends and families. It is not intended to reflect the views of the Federal Department of Defense
Following twelve legislative hearings and field trips, Congress passed a law codifying and confirming the pre-Clinton policy. That statute, technically named Section 654, Title 10, P.L. 103-160, is frequently mislabeled “Don’t Ask, Don’t Tell.” A more accurate name would have been the “Military Personnel Eligibility Act of 1993.” The statute, which has been upheld by the courts as constitutional several times, clearly states that homosexuals are not eligible for military service.
In 1993 members of Congress gave serious consideration to a proposal known as “Don’t Ask, Don’t Tell,” which was announced by President Clinton on July 19, 1993. The concept suggested that homosexuals could serve in the military as long as they didn’t say they were homosexual. Congress wisely rejected the convoluted “Don’t Ask, Don’t Tell” concept and did not write it into law. Members recognized an inherent inconsistency that would render that policy unworkable and indefensible in court: If homosexuality is not a disqualifying characteristic, how can the armed forces justify dismissal of a person who merely reveals the presence of such a characteristic? Instead of approving such a convoluted and legally-questionable concept, Congress chose to codify Defense Department regulations that were in place long before Bill Clinton took office.
The resulting law, identified as Section 654, Title 10, continued the long-standing Defense Department policy stating that homosexuals are not eligible for military service. Following extensive debate in both Houses, the legislation passed with overwhelming, veto-proof bipartisan majority votes. In writing this law, members wisely chose statutory language almost identical to the 1981 Defense Department Directives regarding homosexual conduct, which stated that “homosexuality is incompatible with military service.” Those regulations had already been challenged and upheld as constitutional by the federal courts.
The 1993 statute was designed to encourage good order and discipline, not the dishonesty inherent in “Don’t Ask, Don’t Tell.” Congress rejected that concept, and chose instead to codify unambiguous findings and statements that were understandable, enforceable, consistent with the unique requirements of the military, and devoid of the First Amendment conundrums that were obvious in President Clinton’s July 19 proposal.
A thorough search of media reports at the time, however, reveals that there were few news stories reporting passage of the law. Those that did appear in print failed to report its language and meaning with accuracy. [7] Those reports and convoluted Defense Department statements since then have confused the issue by erroneously suggesting that Congress voted for Bill Clinton’s flawed proposal, known by the catch-phrase “Don’t Ask, Don’t Tell.”
Describing the law as a “compromise” and referring to it as “Don’t Ask, Don’t Tell” gave political cover to President Clinton, who had promised to lift the ban shortly after his election in 1992. In fact, due to overwhelming public opposition, President Clinton failed to deliver on his promise. The only “compromise” involved allowed the Clinton administration to continue its “interim policy” of not asking “the question” regarding homosexuality that used to appear on routine induction forms.
http://www.cmrlink.org/HMilitary.asp?docID=336
This organization is based on the opinions of the Lesbian, Gay, Bisexual, and Transgender identified Department of Defense (DOD) employees (civilians and military), retirees, veterans, and their friends and families. It is not intended to reflect the views of the Federal Department of Defense
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