"Don't Ask, Don't Tell": A Legal Analysis

In recent years, several Members of Congress have expressed interest in amending "Don't Ask, Don't Tell," (DADT) a legislation that requires those of homosexual orientation in the military to keep quiet about their orientation in order to maintain "morale, good order and discipline, and unit cohesion." At least two bills that would repeal the law and replace it with a policy of nondiscrimination on the basis of sexual orientation - H.R. 1283 and S. 3065 - have been introduced in the 111th Congress. This report provides a legal analysis of the various constitutional challenges that have been brought against\ud DADT; for a policy analysis, see CRS Report R40782, "Don't Ask, Don't Tell": Military Policy and the Law on Same-Sex Behavior, by David F. Burrelli