Politics/Developing Countries POL 271 Replacement Dr.
Smith Charlene Guzman The Dont Ask, Dont Tell (DADT) policy was quiet the controversial topic between 1993 and 2011. Created and put in place in 1993 by the Clinton Administration, the policy was meant to make an accommodation of gays and lesbians in the military. It was meant to ensure that military personnel who were homosexual or bisexual could enlist and serve in the military without discrimination as long as they did not tell or reveal their sexual status. The Clinton administration came up with the policy in a ploy to provide for a platform LGBT members of society could be able to enlist in the military and provide service to their country. During the 1992 presidential campaign, William (Bill) Clinton indicated that if he was elected, he would lift the ban that was placed on homosexuals that were serving in the military. In the history of the United States, homosexuality had not yet been tolerated in the U.
S. military. Among the public and the policy makers, there were a lot of discussion and concerns regarding the issue. Under the new law that had been put in place, it did not allow for homosexuals to engage in sexual matters, and for the commanding officers, they were barred from asking the members of service about their sexual orientation. Before the Clinton administration, gays and lesbians were not allowed to participate in the military.
Numerous individuals were discharged from the military by the end of the period when the policy existed. Senior Chief Petty Officer Timothy R. McVeigh was a privately gay military personal who had been with the Navy over 17 years. It was his fellow coworkers who secretly were investigating him for being homosexual. An invasion to McVeighs life those who investigated him looked through his very private and personal email accounts to gain information as to his orientation. In doing so based on DADT they discharged McVeigh based on homosexualconduct.
In January 1998, the court caseMcVeigh v. Cohen, overseen by JudgeStanley Sporkinruled that the Navy did not follow protocol and in fact went against DADT when they looked through McVeigh personal email. The homosexual conduct that McVeigh was claimed to have displayed was in fact only displayed in private emails that otherwise would have never been surfaced if not for the invasion of privacy. DADT brought about the prohibiting of bisexual or homosexual people from talking about their sexual orientation or from speaking about such relationships, attributes that were familiar and also marriages. Though it was put in place to protect the service members who had a different sexual orientation, evidence that was substantial could be used to bring about an investigation. There were cases and issues that did contribute to the removal and ban of the policy from the United States Military Service.
For example, Margaret Witt who was a major in the United States Air Force filed a suit after being put on investigation for engaging in homosexuality. During the court case Witt v. Department of the Air Force, Witt was seeking injunctive relief and declaratory on the grounds that there was a violation by the DADT of due process that was substantive. She was given an honorable discharge, but the case continued to be heard.
The case indicated that her rights as per the constitution had been violated when she was discharged and that she had to be reinstated back into the Air Force. In a settlement that was announced in 2011, the Air Force did drop the appeal and agreed to remove the discharge from her record. By 2010, there was legislation being proposed that would repeal the Dont Ask, Dont Tell Policy.
While Congress was going back and forth on this legislation another court case came into the spotlight that would play a role in the revoking of DADT. Log Cabin Republicans v. United States, a case that constituted of the largest Republican organization of gays that went on trial against the United States of America. It was meant to challenge DADTs constitutionality.
The military service members indicated that the policy violated open association, limited service members from free speech and due process. It was stated that DADT did not contribute to the security of the nation and that it weakened the security of the nation. In September of 2010, Judge Virginia Phillips ruled in favor of the Log Cabin Republicans, finding that DADT violates both the First and Fifth amendments. In December of 2010, the Obama Administration began the process of repealing the Dont Ask, Dont Tell Policy. Because Congress did not want to affect the readiness of the US military in terms of combat, DADT was requested to still be implanted while the repeal was in process. President Obama was adamant about overturning the policy that brought about a limitation to homosexuals and bisexuals serving in the United States military.
On September 20, 2011 DADT was officially terminated as a United States Policy. Due to a rise in human rights and activists organizations, there was a progression of the process of realization and acceptance of the LGBT community. The Obama administration advocated for the LGBT community bringing an end to discrimination regarding sexual orientation of the United States Military Forces. DADT policies limited the freedom individuals and personal aspects of their livelihood in the United States military and this was a cause for concern human right groups. Those individuals and groups in the LGBT community that stood up for their rights took huge risks by doing so. Some lost their careers in the military and financial security that came with being the military, some even lost their lives.
However, their sacrifices pushed forward a deeper issue in our country about respect and tolerance. It should not matter the color of your skin, religious or sexual orientation, even ones gender, if an individual wants to join the United States military so long as they pass the physical and mental testing they should be allowed to do so without fear or consequences for being different. Works Cited Baim, Tracy. Obama and the Gays A Political Marriage. Chicago CreateSpace Independent Publishing Platform, 2010.
Feder, Jody. Dont Ask, Dont Tell A Legal Analysis. Congressional Research Service, the Library of Congress. 2009.
pdf. (accessed 2018). House, The White. Statement by the President on the Repeal of Dont Ask, Dont Tell.
Office of the Press Secretary. 2011. https//www.whitehouse.
gov/the-press-office/2011/09/20/statement-president-repeal-dont-ask-dont-tell (accessed 2018). Johnson, Gene. Judge orders lesbian reinstated to Air Force – Case Challenges Dont Ask, Dont Tell Policy. MSNBC. September 24, 2010.
www.msnbc.msn.com (accessed 2018). Kaplan, Carl S.
Navy Case Likely to Clarify Loopholes in Privacy Law. Cyber Law Journal, 1998 1-3. Schwartz, John. Judge Orders U.S.
Military to Stop Dont Ask, Dont Tell. http//www.nytimes.com/2010/10/13/us/13military.htmlpagewantedall, New York The New York Times, 2010.
Scott, Wilbur J. Gays and Lesbians in the Military Issues, Concerns, and Contrasts. New York Aldine Transaction, 1994. (Feder 2009) (Scott 1994) (Kaplan 1998) (Feder 2009) (Feder 2009) (Baim 2010) (Schwartz 2010) (Baim 2010) (House 2011) (House 2011) (Baim 2010) Guzman PAGE MERGEFORMAT 1 Guzman PAGE MERGEFORMAT 5 Y, dXiJ(x(I_TS1EZBmU/xYy5g/GMGeD3Vqq8K)fw9xrxwrTZaGy8IjbRcXIu3KGnD1NIBsRuKV.ELM2fiVvlu8zH(W )6-rCSj id DAIqbJx6kASht(QpmcaSlXP1Mh9MVdDAaVBfJP8AVf 6Q