The Issues:
History of "Don't Ask, Don't Tell"
DADTDPDH ("Don't Ask, Don't Tell, Don't Pursue, Don't Harass") is the result of a failed effort by President Clinton to end the ban on gays in the military. Spurred in part by the brutal 1992 murder of Seaman Allen Shindler, candidate Clinton proposed ending the ban by issuing an Executive Order overriding the Department of Defense regulations that barred gays from serving. Congress, however, intervened and the ban was made law, theoretically preventing action by future Commanders in Chief.
This law was, however, significantly different from prior prohibitions on service in three respects. First, Congressional and military leaders acknowledged, for the first time in 1993, that lesbians, gays and bisexuals serve our nation and do so honorably. Second, the policy also states sexual orientation is no longer a bar to military service. Third, President Clinton, Congress and military leaders agreed to end intrusive questions about service members' sexual orientation and to stop the military's infamous investigations to ferret out suspected lesbian, gay and bisexual service members. They agreed to take steps to prevent anti-gay harassment. They agreed to treat lesbian, gay and bisexual service members even-handedly in the criminal justice system, instead of criminally prosecuting them in circumstances where they would not prosecute heterosexual service members. They agreed to implement the law with due regard for the privacy and associations of service members. The law became known in 1993 as "Don't Ask, Don't Tell, Don't Pursue" to signify the new limits to investigations and the intent to respect service members' privacy.
Small steps were made to keep some of these promises. Questioning on sexual orientation at induction stopped. Criminal prosecutions have decreased and witch-hunts have declined. President Clinton issued an Executive Order ending discrimination in the issuance of security clearances. The Department of Defense issued guidelines on anti-gay harassment and limits on investigations. Then, in 1999, PFC Barry Winchell was murdered by fellow soldiers at Fort Campbell, Kentucky. In the wake of this murder, the Department of Defense (DoD) issued new guidance on prohibiting anti-gay harassment. President Clinton issued an Executive Order providing for sentence enhancement under the Uniform Code of Military Justice (UCMJ) for hate crimes, as well as a limited psychotherapist-patient privilege. In February 2000, Pentagon officials added "Don't Harass" to the title of the policy. The Pentagon then did a survey on anti-gay harassment, finding it was widespread. Thereafter the Pentagon formed a working group which issued a 13-point action plan to address anti-gay harassment which the services were then directed to implement.
These limited steps, spurred in large part by the murder of PFC Barry Winchell, have done little to fulfill the promises made when the policy was created. Intrusive questioning continues. Harassment continues in epidemic proportions. Little regard for service member privacy has been shown during the life of this law. Simply put, asking, pursuing and harassing have continued for all of the nine years since the law was passed.
This page incorporates material provided by The Servicemembers Legal Defense Network.
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