The Case Of Don T Ask, Dont Tell Policy

1587 Words 7 Pages
The Don’t Ask, Don’t Tell policy was enacted into law in 1993 until 2011. The official policy of Don’t Ask, Don’t Tell was located at 10 U.S.C. § 654. The act dealt with homosexuality in the military. The act had three main provisions from which an individual serving in the military could be discharged. One of the provisions was that an individual in the military that was proven to have or attempted to engage in homosexual actions would have to be discharged. A second provision was that an individual in the military could face discharge if the individual admitted to being of a sexual orientation, specifically within LGBT. One other provision dealt with discharge if proven that an individual in the military was in or attempted to be in a homosexual …show more content…
United States dealt with the constitutionality of the Don’t Ask, Don’t Tell policy. The Log Cabin Republicans were mainly focused on proving that their clients’ rights were being violated and that their clients were discriminated. There was a claim that Don’t Ask, Don’t Tell violated the First Amendment and Fifth Amendment. Specifically, Judge Phillips found that the defense had not proven that the Don’t Ask, Don’t Tell policy provided for a government interest, which was the standard to claim the act was constitutional. Therefore, Judge Phillips concluded that the Don’t Ask, Don’t Tell policy was unconstitutional. I am in favor of Judge Phillips’ ruling that not only did the defense not present conclusive evidence as to the implementation of the act, but also that the act violated more than one right held by an individual in the United …show more content…
United States was that the act did not have a significant impact in the interests of readiness and cohesion within the military. Testimonies in the case of Log Cabin Republicans v. United States demonstrated that some of the individuals discharged were well qualified if not more qualified in their specialties. Many of them received awards and held exceptional positions. For example, Jenny Kopfstein received the Surface Warfare Officer pin, had the opportunity to compete while being in control of the USS Shiloh, received the Sea Service Deployment Ribbon, and many more honors (Log Cabin of Republicans v. United States, 2010). Further, there was no concrete numbers or evidence that proved that being homosexual would disrupt the way task were handled. Overall, the sexual orientation of the individuals (i.e. being homosexual) did not interfere with the quality of work they did; therefore, they should have been afforded equal

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