DADT repeal becomes effective as of September 20, 2011. (Photo courtesy of Liberty Voice)

The policy was a product, and some may say a compromise, of the Clinton Administration. The policy became a legal reality under 10 U.S.C. § 654 on December 21, 1993. The Clinton Administration also issued a Defense Directive, which provided that military applicants were not to be asked about their sexual orientation.

The policy’s well-known name is derived from its provisions, which allowed gay men and women to serve in the armed forces so long as they did not reveal their sexual identity.  The government’s rationale for the policy has often been explained in terms of the negative impact that gays, lesbians and bisexuals serving openly would have on the morale, discipline, and unit cohesion that are the essential to military capability.

The “Don’t Ask” provision of the policy mandated that military officials were not to ask members to reveal their sexual orientation. This meant that superiors couldn’t investigate service members without witnessing prohibited behavior or receiving credible evidence of homosexual behavior.  Meanwhile, the “Don’t Tell” provision meant that members could be discharged for claiming to be a homosexual or bisexual, or making a statement indicating a tendency towards or intent to engage in homosexual activities.

The two other, less well-known, provisions followed later. They included the “Don’t Pursue” and “Don’t Harass” provisions. The “Don’t Pursue” provision simply established the basic requirements that would be necessary in order for officials to initiate an investigation. And due to unauthorized investigations and harassment, the policy was expanded to include a “Don’t Harass,” which really applied to all service members, and directed a zero tolerance provision of harassment or violence against service members.

At its outset, the policy was thought to be an even-handed approach that would allow gays and lesbians to enlist and serve in the armed forces. However, history confirmed that the policy was anything but impartial. In fact, the policy created an environment where no one was punished for asking, but where the military discharged nearly 14,000 troops from the military for “telling.”

Realizing the unfairness of this policy, in 2008, President Obama campaigned on the promise to repeal “Don’t Ask, Don’t Tell.” But this promise only began to gain real momentum and garner national attention after the Pentagon released a report on the issues associated with a repeal of DADT. The report gathered information from more than 100,000 surveys returned by service members and their spouses. The major findings of the study were: (1) allowing gays and lesbians to serve openly posed a “low risk” of disruption; and (2) nearly 70 percent of active-duty and reserve forces saw little or no problem with ending DADT.

However, in a 13-page section of the report, dozens of quotes reflected the attitudes of the remaining 30 percent. Among these views, the Washington Post reported that these individuals expressed fears about: (1) contracting AIDS; (2) getting leered at in the showers; (3) disturbing critical bonding at barbecues and bar outings; (4) affronts to religious beliefs; and (5) that this is not the appropriate time to make major changes in the military when we are at war and our men and women overseas.

Despite these divergent views, it is clear the latter is now in the minority. Last year, a California federal judge, Virginia Phillips, ruled that the DADT policy violates service members’ free-speech and due process rights. Now, the law that for nearly 18 years has banned gay Americans from openly serving in the armed forces was repealed Tuesday. This repeal comes nine months after Congress voted to end the law that began during the Clinton Administration.

While President Obama signed the repeal into law last December, its provisions required time for the Pentagon to prepare for the policy changes. For the estimated 65,000 gay members currently serving in the military, the years of debate and months of preparation are finally over. For the first time in the history of the United States, gay service men and women can serve openly in the armed forces without fear of being discharged.

For more information, please see:

Is the Constitutionality of ‘Don’t Ask, Don’t Tell’ Still at Issue? – 21 September  2011

With Repeal of ‘Don’t Ask, Don’t Tell,’ An Era Ends  20 September 2011

“The Legal Brief” — May 2010

261 DADT Discharges in 2010 – 25 March 2011

Obama calls for ‘don’t ask, don’t tell’ repeal –27 January  2010

Obama Signs Away ‘Don’t Ask, Don’t Tell’ – 22 December  2010

Senate Repeals Ban Against Openly Gay Military Personnel – 18 December 2010

New bill introduced to end ‘don’t ask, don’t tell’ – 11 December  2010

Voices from the ‘don’t ask, don’t tell’ report of troops who oppose repeal – 30 November 2010