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Diane Publishing Books
“Don’t Ask, Don’t Tell”: A Legal Analysis
Jody Feder (au)
In 1993, after months of study, debate, and political controversy, Congress passed and Pres. Clinton signed legislation establishing a revised policy concerning homosexuality in the armed forces. 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.” Service members are not to be asked about, nor allowed to discuss, their sexual orientation. This report provides a legal analysis of the constitutional challenges that have been brought against DADT.
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