170-630: " Don't ask, don't tell " ( DADT ) was the official United States policy on military service of non-heterosexual people . Instituted during the Clinton administration , the policy was issued under Department of Defense Directive 1304.26 on December 21, 1993, and was in effect from February 28, 1994, until September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while barring openly gay , lesbian, or bisexual persons from military service. This relaxation of legal restrictions on service by gays and lesbians in
340-513: A psychiatric ward at Camp Lee, Virginia , and discharged within a month. He subsequently appealed the discharge decision, attaching a copy of his 140-page defense of homosexuality, Millions of Queers (Our Homo America) , which, however, was ignored and remained forgotten and unpublished until rediscovered in 2010 by a researcher in the National Library of Medicine . Denied all veterans benefits, Bernstein continued to refile appeals with
510-615: A witch-hunt . "Gays in the military" became a political issue during the 1992 Presidential campaign , when Clinton , the Democratic candidate, promised to lift the military's ban on homosexual and bisexual people. In 1992, the United States General Accounting Office published a report entitled Defense Force Management: DOD's Policy on Homosexuality , that outlined the DOD policy on homosexuality and
680-434: A "dishonorable discharge". The Army also changed its regulations to ensure that homosexuals would not qualify for general discharges. Under this system, a service member found to be homosexual but who had not committed any homosexual acts while in service received an undesirable discharge. Those found guilty of engaging in homosexual conduct were dishonorably discharged. In 1945, four honorably discharged gay veterans formed
850-496: A 60-day waiting period at the end of which, on September 20, 2011, DADT expired. A research report that appeared in the journal Armed Forces & Society at the end of 2011 said that military academy cadets opposed allowing homosexuals to serve openly in greater percentages than participants in ROTC did, and that both groups opposed such service to a greater degree than their civilian counterparts. Some news outlets viewed this as
1020-479: A 60-day waiting period. A July 6, 2011, ruling from a federal appeals court barred further enforcement of the U.S. military's ban on openly gay service members. President Barack Obama , Secretary of Defense Leon Panetta , and Chairman of the Joint Chiefs of Staff Admiral Mike Mullen sent that certification to Congress on July 22, 2011, which set the end of DADT to September 20, 2011. Even with DADT repealed,
1190-601: A May 3, 2009, deadline to pass, leaving Witt as binding on the entire Ninth Circuit, and returning the case to the District Court. On September 24, 2010, District Judge Ronald B. Leighton ruled that Witt's constitutional rights had been violated by her discharge and that she must be reinstated to the Air Force. The government filed an appeal with the Ninth Circuit on November 23, but did not attempt to have
1360-668: A careful and detailed review of the facts presented to it at trial, the District Court concluded that the Government put forward no persuasive evidence to demonstrate that the statute is a valid exercise of congressional authority to legislate in the realm of protected liberty interests. See Log Cabin, 716 F. Supp. 2d at 923. Hypothetical questions were neither presented nor answered in reaching this decision. On October 19, 2010, military recruiters were told they could accept openly gay applicants. On October 20, 2010, Lt. Dan Choi , an openly gay man honorably discharged under DADT, re-enlisted in
1530-468: A conflict right now. I would not change it. That summer, after U.S. Senator Larry Craig was arrested for lewd conduct in a men's restroom, conservative commentator Michael Medved argued that any liberalization of DADT would "compromise restroom integrity and security". He wrote: "The national shudder of discomfort and queasiness associated with any introduction of homosexual eroticism into public men's rooms should make us more determined than ever to resist
1700-420: A court challenge by developing uniform and clearly defined regulations and justifications that made homosexual status, whether self-applied or by the military, and conduct grounds for discharge (DOD Directive 1332.14 (Enlisted Administrative Separations), January 1981): The directive justified the policy and removed the "queen for a day" rule that had prompted some courts to rule against the armed forces. However,
1870-499: A crime. The change went into effect on February 4, 1921. It was the first express prohibition of homosexuality or homosexual conduct in the armed forces of the United States. The several branches of the U.S. armed forces lacked a unified policy on service by homosexuals for most of their history. Before 1949, each tended to charge personnel caught engaging in homosexual conduct with sodomy, court-martial them, and issue them
SECTION 10
#17327904495932040-641: A different turn in March when General Peter Pace , Chairman of the Joint Chiefs of Staff, told the editorial board of the Chicago Tribune he supported DADT because "homosexual acts between two individuals are immoral and ... we should not condone immoral acts." His remarks became, according to the Tribune , "a huge news story on radio, television and the Internet during the day and showed how sensitive
2210-400: A dishonorable discharge. In 1940, psychiatrists Harry Stack Sullivan and Winfred Overholser formulated guidelines for psychiatric screening for military inductees. Both believed homosexuals should not be inducted, and neither proposed excluding all homosexuals from military service. Despite their recommendations, other psychiatrists and military officials made homosexuality a key component of
2380-439: A disqualifying trait, then seen as a form of psychopathology . When the army issued revised mobilization regulations in 1942, it distinguished "homosexual" recruits from "normal" recruits for the first time. Before the buildup to the war, gay service members were court-martialed, imprisoned, and dishonorably discharged; but in wartime, commanding officers found it difficult to convene court-martial boards of commissioned officers and
2550-468: A formal diagnosis. For example, the presence of hallucinations may be considered as a psychopathological sign, even if there are not enough symptoms present to fulfil the criteria for one of the disorders listed in the DSM or ICD . In a more general sense, any behaviour or experience which causes impairment, distress or disability , particularly if it is thought to arise from a functional breakdown in either
2720-507: A former Senator and a retired Major General, who argued on behalf of allowing service by open gays and lesbians but was not allowed to appear before the Committee by Nunn. In a June 1993 Washington Post opinion piece, Goldwater wrote: "You don't have to be straight to shoot straight". The White House was also reportedly upset when LGBT activist David Mixner openly described Nunn as an "old-fashioned bigot" for opposing Clinton's plan to lift
2890-680: A former assistant defense secretary during the Reagan administration, William Perry , Secretary of Defense in the Clinton administration, and professors from the United States Military Academy released their assessment of the GAO's analysis of the cost of DADT released a year earlier. The commission report stated that the GAO did not take into account the value the military lost from the departures. They said that that total cost
3060-478: A jurisdiction that allows them to marry will be afforded up to seven days leave to do so, up to ten days if they are stationed outside the U.S. Secretary of Defense Chuck Hagel said: "This will provide accelerated access to the full range of benefits offered to married military couples throughout the department, and help level the playing field between opposite-sex and same-sex couples seeking to be married". The DoD set September 3 as its target date for implementation.
3230-533: A marriage is valid if it was valid where celebrated. They reintroduced the legislation the day Windsor was decided. On September 4, Attorney General Eric Holder , as required by law, notified Speaker of the House John Boehner that the Obama administration had determined that it should not enforce the federal statutes that define spouse in a way that excludes same-sex spouses. He cited Windsor and
3400-512: A negative reaction to the repeal of DADT earlier in the year, but the authors of the study said it drew on survey data collected between 2002 and 2007 and believed their research provided no information about opinions following the end of DADT. They wrote that the strong degree of anti-gay sentiment found among entering cadets declined somewhat during their time at the service academies: "Surprisingly, military culture appears to have made cadets more tolerant of gays and lesbians, not less." Despite
3570-429: A negotiated settlement, but only after the lesbian plaintiff whom the Air Force tried to discharge won retirement with full benefits in 2011 as DADT neared its end. In the second, Federal Judge Virginia A. Phillips ordered the military on October 12, 2010, to suspend and discontinue any investigation or discharge, separation, or other proceeding that began under DADT. A series of appeals and stays of her order followed in
SECTION 20
#17327904495933740-821: A patient and a psychoanalyst. Talking therapy would originate from his ideas on the individual's experiences and the natural human efforts to make sense of the world and life. The study of psychopathology is interdisciplinary, with contributions coming from clinical psychology , abnormal psychology , social psychology , and developmental psychology , as well as neuropsychology and other psychology subdisciplines. Other related fields include psychiatry , neuroscience , criminology , social work , sociology , epidemiology , and statistics . Psychopathology can be broadly separated into descriptive and explanatory. Descriptive psychopathology involves categorising, defining and understanding symptoms as reported by people and observed through their behaviour which are then assessed according to
3910-482: A positive impact on their personal morale, 66% said no impact, and 28% said negative impact. Regarding overall unit morale, 3% said positive impact, 64% no impact, and 27% negative impact. Retired Chairman of the Joint Chiefs of Staff General John Shalikashvili and former Senator and Secretary of Defense William Cohen opposed the policy in January 2007: "I now believe that if gay men and lesbians served openly in
4080-575: A preliminary injunction from a U.S. district court that prevented his discharge from the U.S. Navy for "homosexual conduct" after 17 years of service. His lawsuit did not challenge the DADT policy but asked the court to hold the military accountable for adhering to the policy's particulars. The Navy had investigated McVeigh's sexual orientation based on his AOL email account name and user profile. District Judge Stanley Sporkin ruled in McVeigh v. Cohen that
4250-584: A senior advisor to Washington. Despite rumors about his parties, there never was an investigation of Steuben and he received a Congressional pension after the war. The first evidence of antipathy to homosexuals serving in the United States military dates from March 11, 1778, when Lieutenant Frederick Gotthold Enslin was drummed out of the Continental Army following his conviction at court-martial on charges of sodomy and perjury . The U.S. military discharged soldiers for homosexual acts throughout
4420-641: A service member's conduct was "for the purpose of avoiding or terminating military service" or when it "would not be in the best interest of the armed forces". Since DADT ended in 2011, persons who are openly homosexual and bisexual have been able to serve. The "don't ask" section of the DADT policy specified that superiors should not initiate an investigation of a service member's orientation without witnessing disallowed behaviors. However, evidence of homosexual behavior deemed credible could be used to initiate an investigation. Unauthorized investigations and harassment of suspected servicemen and women led to an expansion of
4590-622: A shift in the policy." Elaine Donnelly called such efforts "a big P.R. campaign" and said that "The law is there to protect good order and discipline in the military, and it's not going to change." In December 2006, Zogby International released the results of a poll of military personnel conducted in October 2006 that found that 26% favored allowing gays and lesbians to serve openly in the military, 37% were opposed, while 37% expressed no preference or were unsure. Of respondents who had experience with gay people in their unit, 6% said their presence had
4760-431: A social norm. Explanatory psychopathology looks to find explanations for certain kinds of symptoms according to theoretical models such as psychodynamics , cognitive behavioural therapy or through understanding how they have been constructed by drawing upon Constructivist Grounded Theory (Charmaz, 2016) or Interpretative Phenomenological Analysis (Smith, Flowers & Larkin, 2013). There are several ways to characterise
4930-504: A system, a serviceman or woman found to be gay but who had not committed any sexual acts while in service would tend to receive an undesirable discharge. Those found guilty of engaging in sexual conduct were usually dishonorably discharged. A 1957 U.S. Navy study known as the Crittenden Report dismissed the charge that homosexuals constitute a security risk, but nonetheless did not advocate for an end to anti-gay discrimination in
5100-752: A “pardon proclamation” - that formally effected thousands of military veterans with historical gay sex criminal records. To train the new American Army in the latest military drills and tactics, General George Washington brought in Friedrich Wilhelm von Steuben (1730–94), who had been an officer on the Prussian General staff. Von Steuben escaped Germany where he was threatened with prosecution for homosexuality . He joined Washington's army at Valley Forge in February 1778 accompanied by two young aides. Steuben became an American general, and
5270-592: Is "essential for our national security". According to plaintiffs, these statements alone satisfied their burden of proof on the due process claims. On September 9, 2010, Judge Virginia A. Phillips ruled in Log Cabin Republicans v. United States of America that the ban on service by openly gay service members was an unconstitutional violation of the First and Fifth Amendments . On October 12, 2010, she granted an immediate worldwide injunction prohibiting
Don't ask, don't tell - Misplaced Pages Continue
5440-571: Is a guideline for the diagnosis and understanding of mental disorders. The American Psychiatric Association (APA) sponsors the editing, writing, reviewing and publishing of this book. It is a reference book on mental health and brain-related conditions and disorders. It serves as reference for a range of professionals in medicine and mental health in the United States particularly. These professionals include psychologists, counsellors, physicians, social workers, psychiatric nurses and nurse practitioners, marriage and family therapists, and more. The current DSM
5610-539: Is a mistaken one." In Congress, Democratic Senator Sam Nunn of Georgia and Chair of the Senate Armed Services Committee led the contingent that favored maintaining the absolute ban on gays. Reformers were led by Democratic Congressman Barney Frank of Massachusetts , who favored modification (but ultimately voted for the defense authorization bill with the gay ban language), and 1964 Republican presidential nominee Barry Goldwater ,
5780-422: Is a specialization applied to children and adolescents. Early explanations for mental illnesses were influenced by religious belief and superstition . Psychological conditions that are now classified as mental disorders were initially attributed to possessions by evil spirits, demons, and the devil. This idea was widely accepted up until the sixteenth and seventeenth centuries. The Greek physician Hippocrates
5950-590: Is associated with many adverse effects, including poor academic performance, impulsivity, criminality, suicidality, reduced foetal growth, lower executive functioning , and a greater number of psychiatric diagnoses. A partial genetic basis for the p factor has also been supported. Alternatively, the p factor has also been interpreted as an index of general impairment rather than being a specific index that causes psychopathology. The term psychopathology may also be used to denote behaviours or experiences which are indicative of mental illness, even if they do not constitute
6120-606: Is awaiting resolution in the Court of Appeals for Veterans Claims , after being suspended while awaiting the resolution of Windsor . On July 19, 2013, Veterans Administration (VA) Secretary Eric Shinseki noted in a letter about the case that the statutory definitions of "spouse" and "surviving spouse" had yet to be invalidated by a court. The VA is waiting for guidance from the Justice Department on how Windsor applies to those statutes. Even if that statutory limitation
6290-694: Is for the American people to come forward, really through this body, to both debate that policy and make changes, if that's appropriate." He went on to say, "I'd love to have Congress make its own decisions" with respect to considering repeal. In May 2009, when a committee of military law experts at the Palm Center , an anti-DADT research institute, concluded that the President could issue an Executive Order to suspend homosexual conduct discharges, Obama rejected that option and said he wanted Congress to change
6460-479: Is invalidated, the VA's rules for establishing the validity of a marriage may restrict benefits to same-sex married couples residing in a jurisdiction that recognizes their marriage or who resided in the jurisdiction where they married. The Respect for Marriage Act sponsored by Senator Dianne Feinstein and Representative Jerrold Nadler eliminates the question of residence by establishing a rule for federal purposes that
6630-666: Is modelled in the Hierarchical Taxonomy of Psychopathology . Although researchers initially conceived a three-factor explanation for psychopathology generally, subsequent study provided more evidence for a single factor that is sequentially comorbid , recurrent/chronic , and exists on a continuum of severity and chronicity. Higher scores on the p factor dimension have been found to be correlated with higher levels of functional impairment, greater incidence of problems in developmental history, and more diminished early-life brain function. In addition, those with higher levels of
6800-481: Is more than just one symptom. In order to be classified for diagnosis, the symptoms cannot represent an expected response to a common stress or loss that is related to an event. Syndromes are a set of simultaneous symptoms that represent a disorder. Common mental health disorders include depression, generalized anxiety disorder (GAD), panic disorder, phobias, social anxiety disorder, obsessive-compulsive disorder (OCD), and post-traumatic stress disorder (PTSD). Depression
6970-552: Is not necessarily meant to serve as a diagnostic guide or replace the DSM, however, it is meant to examine various degrees of dysfunction. It was developed by the US National Institute of Mental Health (NIMH). It aims to address heterogeneity by providing a more symptom based framework for understanding mental disorders. It relied on dimensions that span the range from normal to abnormal and allows investigators to work with
Don't ask, don't tell - Misplaced Pages Continue
7140-593: Is one of the most common and most debilitating mental disorders worldwide. It affects how individuals think, feel, and act. Symptoms vary depending on each individual person and include feeling sad, irritable, hopeless, or losing interest in activities once enjoyed. Generalized anxiety disorder is feeling worried or nervous more frequently than what correlates to real-life stressors. It is more common in women than men and includes symptoms such as having trouble controlling their worries or feelings of nervousness, or feeling restless and have trouble relaxing. A description of
7310-528: Is the fifth, most recent edition of this book. It was released in May 2013. Each edition makes significant changes to the classification of disorders. Main article: Research Domain Criteria The RDoC framework is a set of research principles for investigating mental disorders. It is meant to create a new approach to mental illness that leads to better diagnosis, prevention, intervention, and cures. It
7480-498: Is the study of mental illness. It includes the signs and symptoms of all mental disorders. The field includes abnormal cognition, maladaptive behavior, and experiences which differ according to social norms. This discipline is an in-depth look into symptoms, behaviors, causes, course, development, categorization, treatments, strategies, and more. Biological psychopathology is the study of the biological etiology of abnormal cognitions, behaviour and experiences. Child psychopathology
7650-502: Is widely rejected by a majority of Americans can undermine the trust that is essential to creating and maintaining the sense of unity that is critical to the success of a military organization operating under the very different and difficult demands of combat." The conviction of Winchell's murderer, according to the New York Times , "galvanized opposition" to DADT, an issue that had "largely vanished from public debate". Opponents of
7820-581: Is wrong, it is evil, and it is to be branded as such." San Francisco politician and gay rights campaigner Harvey Milk served in the United States Navy during the Korean War. He served aboard the submarine rescue ship USS Kittiwake (ASR-13) as a diving officer, later transferring to Naval Station , San Diego to serve as a diving instructor. In 1955, he was discharged from the Navy at
7990-637: The Center for Military Readiness , later argued that the military's failure to ask about sexual orientation at recruitment was the cause of the discharges: [Y]ou could reduce this number to zero or near zero if the Department of Defense dropped Don't Ask, Don't Tell. ... We should not be training people who are not eligible to be in the Armed Forces." In February 2006, a University of California Blue Ribbon Commission that included Lawrence Korb ,
8160-835: The Center for the Study of Sexual Minorities in the Military (now the Palm Center) reported that army regulations allowed the active-duty deployment of Army Reservists and National Guard troops who claim to be or who are accused of being gay. A U.S. Army Forces Command spokesperson said the regulation was intended to prevent Reservists and National Guard members from pretending to be gay to escape combat. Advocates of ending DADT repeatedly publicized discharges of highly trained gay and lesbian personnel, especially those in positions with critical shortages, including fifty-nine Arabic speakers and nine Persian speakers. Elaine Donnelly , president of
8330-604: The Court of Appeals for the Armed Forces ruled that the Lawrence v. Texas decision applies to Article 125 of the Uniform Code of Military Justice , which banned all acts of sodomy . In both United States v. Stirewalt and United States v. Marcum , the court found Article 125 constitutional, but ruled that the "conduct falls within the liberty interest identified by the Supreme Court," but also said that despite
8500-602: The Cox Commission , repeated its 2001 recommendation that Article 125 of the Uniform Code of Military Justice, which bans sodomy, be repealed, noting that "most acts of consensual sodomy committed by consenting military personnel are not prosecuted, creating a perception that prosecution of this sexual behavior is arbitrary." In January 2010, the White House and congressional officials started work on repealing
8670-666: The Defense of Marriage Act , in addition to "member-designated benefits" which were already available to same-sex spouses. In June 2013, the Pentagon announced plans to begin issuing identification cards to the same-sex partners of servicemembers, which will allow them to access education, survivor, commissary , travel, counseling and transportation benefits, but not health care and housing allowances. The American Civil Liberties Union (ACLU) brought suit in 2010 on behalf of servicemembers discharged for homosexuality who received only half
SECTION 50
#17327904495938840-582: The Don't Ask, Don't Tell Repeal Act of 2010 , and under its provisions, restrictions on service by gay, lesbian, and bisexual personnel ended as of September 20, 2011. According to a RAND Corporation report, a 2015 survey of over 16,000 service members found that 5.8% of the respondents identified as being lesbian, gay or bisexual. When separated by gender, 1.9% of males identified as gay and 2.0% as bisexual, while 7.0% of females identified as lesbian and 9.1% as bisexual. In June 2024, US President Joe Biden signed
9010-764: The Don't Ask, Don't Tell Repeal Act of 2010 . It passed the House of Representatives on December 15. and the Senate on December 18 by a vote of 65-31. President Barack Obama signed the bill on December 22. On December 29, 2010, the Department of Justice asked the Ninth Circuit Court of Appeals to suspend proceedings in the Log Cabin case. Instead, on July 6, 2011, that court, citing progress made by military officials in preparing for an end to DADT, ordered
9180-543: The Government Accountability Office released estimates of the cost of DADT. It reported at least $ 95.4 million in recruiting costs and at least $ 95.1 million for training replacements for the 9,488 troops discharged from 1994 through 2003, while noting that the true figures might be higher. In September, as part of its campaign to demonstrate that the military allowed open homosexuals to serve when its workforce requirements were greatest,
9350-570: The Lawrence in United States v. Meno and United States v. Bullock . In the course of reviewing the end of DADT, the Department of Defense's Comprehensive Review Working Group recommended repealing or amending Article 125 to eliminate any ban on consensual sodomy between adults. Major legal challenges to the DADT policy include Witt v. Department of the Air Force and Log Cabin Republicans v. United States . The first ended in
9520-509: The Secretary of the Air Force ordered her honorable discharge. Dismissed by the district court, the case was heard on appeal, and the Ninth Circuit issued its ruling on May 21, 2008. Its decision in Witt v. Department of the Air Force reinstated Witt's substantive-due-process and procedural-due-process claims and affirmed the dismissal of her Equal Protection claim. The Ninth Circuit, analyzing
9690-513: The Uniform Code of Military Justice to permit evidence of a hate crime to be admitted during the sentencing phase of a trial. In December, Secretary of Defense William Cohen ordered a review of DADT to determine if the policy's anti-gay harassment component was being observed. When that review found anti-gay sentiments were widely expressed and tolerated in the military, the DOD adopted a new anti-harassment policy in July 2000, though its effectiveness
9860-596: The United States Congress to settle the matter. In the 1980s, many of the Democratic Party presidential candidates expressed an interest in changing the regulations concerning homosexuality in the armed forces, and, as American social mores changed, public opinion began to express more sympathy with gay people in armed forces, at least to the extent that investigations into a serviceman or -woman's sexual behavior and/or orientation were seen as
10030-612: The United States Supreme Court refused to hear the case. The appellate court, however, did not rule the military policy unconstitutional in Watkins's case. Rather, it decided that simple equity mandated that the Army could not discharge Watkins for homosexuality when it knew of his sexual orientation all along. Other high-profile discharges included those of Vernon Berg, III , Keith Meinhold , and Tracy Thorne from
10200-717: The University of California at Davis and an authority on public attitudes toward lesbians and gay men , testified before the House Armed Services Committee on behalf of several professional associations. He stated, "The research data show that there is nothing about lesbians and gay men that makes them inherently unfit for military service, and there is nothing about heterosexuals that makes them inherently unable to work and live with gay people in close quarters." Herek added, "The assumption that heterosexuals cannot overcome their prejudices toward gay people
10370-542: The Veterans Benevolent Association , the first such organization. It was primarily social in nature and its membership peaked at 100. The group disbanded in 1954, and several of its members later formed the New York chapter of homophile advocacy group One, Inc. In October 1949, the newly consolidated Department of Defense standardized anti-homosexual regulations across all branches of
SECTION 60
#173279044959310540-473: The "politicization" of the issue by both Clintons. He cited discharge statistics for the Marines for the past five years that showed 75% were based on "voluntary admission of homosexuality" and 49% occurred during the first six months of service, when new recruits were most likely to reevaluate their decision to enlist. He also argued against any change in the policy, writing in the New York Times : "Conduct that
10710-566: The 1600s and 1700s insane asylums started to be opened to house those with mental disorders. Asylums were places where restraint techniques and treatments could be tested on patients who were confined. These were early precursors for psychiatric hospitals. In 1875 the German book Textbook of Forensic Psychopathology was published, written by Richard von Krafft-Ebing , which became a standard psychiatric textbook for Universities across Germany . The scientific discipline of psychopathology
10880-566: The 1940s through 1981 remains in dispute; during the Vietnam War , some men pretended to be gay in order to avoid the draft. However, a significant number of gay and bisexual men and women did manage to pass through the screening process and serve in the military, some with special distinction. For example, in the 1950s, the Navy medical doctor Tom Dooley received national fame for his anti-Communist and humanitarian efforts in Vietnam . He
11050-421: The 1970s, beginning with Leonard Matlovich , who was featured on the cover of Time magazine in 1975 (making him the first named openly gay person to appear on the cover of a U.S. news magazine ), several high-profile court challenges to the military's regulations on homosexuality occurred, with little success, and when such successes did occur it was when the plaintiff had been open about his homosexuality from
11220-796: The 1993 policy debate, the National Defense Research Institute prepared a study for the Office of the Secretary of Defense published as Sexual Orientation and U.S. Military Personnel Policy: Options and Assessment . It concluded that "circumstances could exist under which the ban on homosexuals could be lifted with little or no adverse consequences for recruitment and retention" if the policy were implemented with care, principally because many factors contribute to individual enlistment and re-enlistment decisions. On May 5, 1993, Gregory M. Herek , associate research psychologist at
11390-409: The 2008 Republican presidential nomination, defended DADT: When I first heard [the phrase], I thought it sounded silly and I just dismissed it and said, well, that can't possibly work. Well, I sure was wrong. It has worked. It's been in place now for over a decade. The military says it's working and they don't want to change it ... and they're the people closest to the front. We're in the middle of
11560-597: The Armed Forces or National Guard. Donnelly of the Center for Military Readiness stated in September: "I think the people involved here do not have the best interests of the military at heart. They never have. They are promoting an agenda to normalize homosexuality in America using the military as a battering ram to promote that broader agenda." She said that "pro-homosexual activists ... are creating media events all over
11730-458: The Army until, 37 years later, the Army accepted his appeal and retroactively converted his blue discharge to an honorable discharge in 1981. Blue discharges were discontinued in May 1947 and replaced with two new headings, "general" and "undesirable." A general discharge was considered to be under honorable conditions though distinct from an "honorable discharge." An undesirable discharge was under conditions other than honorable, yet distinct from
11900-592: The Association of Bragg Officers Spouses (ABOS) denied membership to Ashley Broadway, the female spouse of a female Army officer. During the weeks of press coverage that ensued, Fort Bragg's commander said he lacked authority over the private organization while the U.S. Marines announced that clubs conducting business on base must admit same-sex spouses. ABOS offered Broadway a "special guest membership", which she declined. On January 26, Military Spouse magazine named Broadway Fort Bragg's 2013 "Military Spouse of
12070-534: The December 21, 1993, Department of Defense Directive 1332.14, it was legal policy (10 U.S.C. § 654) that homosexuality was incompatible with military service and that persons who engaged in homosexual acts or stated that they are homosexual or bisexual were to be discharged. The Uniform Code of Military Justice , passed by Congress in 1950 and signed by President Harry S Truman , established the policies and procedures for discharging service members. The full name of
12240-470: The Democratic presidential nomination supported ending the ban on military service by gays and lesbians, but the Republicans did not make a political issue of that position. In an August cover letter to all his senior officers, General Carl Mundy Jr. , Commandant of the Marine Corps, praised a position paper authored by a Marine Corps chaplain that said that "In the unique, intensely close environment of
12410-465: The Department of Defense from enforcing the "Don't Ask Don't Tell" policy and ordered the military to suspend and discontinue any investigation or discharge, separation, or other proceedings based on it. The Department of Justice appealed her decision and requested a stay of her injunction, which Phillips denied but which the Ninth Circuit Court of Appeals granted on October 20 and stayed pending appeal on November 1. The U.S. Supreme Court refused to overrule
12580-495: The General Accounting Office released a report that members of Congress had requested two years earlier estimating the costs associated with the ban on gays and lesbians in the military at $ 27 million annually. During the 1992 U.S. presidential election campaign, the civil rights of gays and lesbians, particularly their open service in the military, attracted some press attention, and all candidates for
12750-722: The National Defense University. They spoke about their experience of the current situation in the UK. The UK lifted the gay ban on members serving in their forces in 2000. In July 2004, the American Psychological Association issued a statement that DADT "discriminates on the basis of sexual orientation" and that "Empirical evidence fails to show that sexual orientation is germane to any aspect of military effectiveness including unit cohesion, morale, recruitment and retention." It said that
12920-481: The Navy had violated its own DADT guidelines: "Suggestions of sexual orientation in a private, anonymous email account did not give the Navy a sufficient reason to investigate to determine whether to commence discharge proceedings." He called the Navy's investigation "a search and destroy mission" against McVeigh. The case also attracted attention because a navy paralegal had misrepresented himself when querying AOL for information about McVeigh's account. Frank Rich linked
13090-730: The Navy; Joseph Steffan from the Naval Academy; Margarethe Cammermeyer from the Washington National Guard; and Miriam Ben-Shalom from the Army Reserve. At the height of the push to rescind the ban before DADT, Miriam Ben-Shalom joined with other discharged personnel to form the Gay, Lesbian & Bisexual Veterans of America . Don't ask, don't tell (DADT) is the common term for the policy restricting
13260-501: The Ninth Circuit restored most of the DADT policy, but continued to prohibit the government from discharging or investigating openly gay personnel. Following the implementation of DADT's repeal, a panel of three judges of the Ninth Circuit Court of Appeals vacated the Phillips ruling. Following the July 1999 murder of Army Pfc. Barry Winchell , apparently motivated by anti-gay bias, President Clinton issued an executive order modifying
13430-402: The Pentagon's policy has become." Senator John Warner, who backed DADT, said "I respectfully, but strongly, disagree with the chairman's view that homosexuality is immoral", and Pace expressed regret for expressing his personal views and said that DADT "does not make a judgment about the morality of individual acts." Massachusetts Governor Mitt Romney , then in the early stages of his campaign for
13600-542: The Restore Honor to Service Members Act in the House of Representatives to codify the process and reduce inconsistencies. Pocan said the legislation represented the same policies as those currently in place, but was needed because "without having it in law, it could change at some date in the future with a different administration." The American Bar Association endorsed the legislation on November 21, 2013. On January 30, 2014, Senator Brian Schatz (D-Hawaii) introduced
13770-465: The Supreme Court decision in Lawrence v. Texas (2003), determined that DADT had to be subjected to heightened scrutiny, meaning that there must be an "important" governmental interest at issue, that DADT must "significantly" further the governmental interest, and that there can be no less intrusive way for the government to advance that interest. The Obama administration declined to appeal, allowing
13940-525: The U.S. Army. Following the passage of the Don't Ask, Don't Tell Repeal Act of 2010 , the Justice Department asked the Ninth Circuit to suspend LCR's suit in light of the legislative repeal. LCR opposed the request, noting that gay personnel were still subject to discharge. On January 28, 2011, the Court denied the Justice Department's request. The Obama administration responded by requesting that
14110-468: The U.S. military's ban on openly gay service members. On July 11, the appeals court asked the DOJ to inform the court if it intended to proceed with its appeal. On July 14, the Justice Department filed a motion "to avoid short-circuiting the repeal process established by Congress during the final stages of the implementation of the repeal". and warning of "significant immediate harms on the government". On July 15,
14280-414: The U.S. military's track record overcoming past racial and gender discrimination demonstrated its ability to integrate groups previously excluded. The Republican Party platform that year reiterated its support for the policy—"We affirm traditional military culture, and we affirm that homosexuality is incompatible with military service."—while the Democratic Party maintained its silence. In February 2005,
14450-546: The United States military The United States military formerly excluded gay men , bisexuals , and lesbians from service. In 1993, the United States Congress passed, and President Bill Clinton signed, a law instituting the policy commonly referred to as " Don't ask, don't tell " (DADT), which allowed gay, lesbian, and bisexual people to serve as long as they did not reveal their sexual orientation . Although there were isolated instances in which service personnel were met with limited success through lawsuits, efforts to end
14620-537: The United States military from efforts to discover or reveal closeted gay, lesbian, and bisexual service members or applicants, while barring those that are openly gay, lesbian, or bisexual from military service. Following the implementation of DADT, the Servicemembers Legal Defense Network was formed to protect the rights of active duty personnel. Other organizations include Servicemembers United which formed in 2005 by veterans of
14790-540: The United States military, they would not undermine the efficacy of the armed forces" Shalikashvili wrote. "Our military has been stretched thin by our deployments in the Middle East, and we must welcome the service of any American who is willing and able to do the job." Shalikashvili cited the recent "Zogby poll of more than 500 service members returning from Afghanistan and Iraq, three-quarters of whom said they were comfortable interacting with gay people. The debate took
14960-481: The Vietnam War, some notable gay service members avoided discharges despite pre-screening efforts, and when personnel shortages occurred, homosexuals were allowed to serve. The gay and lesbian rights movement in the 1970s and 1980s raised the issue by publicizing several noteworthy dismissals of gay service members. Air Force TSgt Leonard Matlovich , the first service member to purposely out himself to challenge
15130-501: The Year". That same day, ABOS invited Broadway to join and announced that its membership was open to "any Spouse of an active duty commissioned or warrant Officer with a valid marriage certificate from any state or district in the United States". On February 11, 2013, Secretary of Defense Leon Panetta announced the Department's extension of certain military "additional benefits" to same-sex spouses which are not explicitly prohibited under
15300-422: The administrative blue discharge became the military's standard method for handling gay and lesbian personnel. In 1944, a new policy directive decreed that homosexuals were to be committed to military hospitals, examined by psychiatrists, and discharged under Regulation 615–360, section 8 . In 1947, blue discharges were discontinued and two new classifications were created: "general" and "undesirable". Under such
15470-442: The application of Lawrence to the military, Article 125 could still be upheld in cases where there are "factors unique to the military environment" that would place the conduct "outside any protected liberty interest recognized in Lawrence ", such as fraternization, public sexual behavior, or anything that would adversely affect good order and discipline. Convictions for consensual sodomy have been overturned in military courts under
15640-504: The armed forces was mandated by Public Law 103–160 ( Title 10 of the United States Code §654), which was signed November 30, 1993. The policy prohibited people who "demonstrate a propensity or intent to engage in homosexual acts" from serving in the armed forces of the United States , because their presence "would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are
15810-435: The armed forces. Its Article 125 forbids sodomy among all military personnel, defining an offender as "any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient to complete the offence." The success of the armed forces in pre-screening self-identified gay and bisexual people from
15980-611: The ban by inserting language into the 2011 defense authorization bill. During Obama's State of the Union Address on January 27, 2010, he said that he would work with Congress and the military to enact a repeal of the gay ban law and for the first time set a timetable for repeal. At a February 2, 2010, congressional hearing, Senator John McCain read from a letter signed by "over one thousand former general and flag officers". It said: "We firmly believe that this law, which Congress passed to protect good order, discipline and morale in
16150-621: The ban on gays in the military. Congress rushed to enact the existing gay ban policy into federal law, outflanking Clinton's planned repeal effort. Clinton called for legislation to overturn the ban, but encountered intense opposition from the Joint Chiefs of Staff , members of Congress, and portions of the public. DADT emerged as a compromise policy. Congress included text in the National Defense Authorization Act for Fiscal Year 1994 (passed in 1993) requiring
16320-495: The ban on gays serving in military when he was Chairman of the Senate Armed Forces Committee, hinted a shift from his previous political views by endorsing a new Pentagon study to examine the issue of homosexuals serving openly in the military, stating "I think [when] 15 years go by on any personnel policy, it's appropriate to take another look at it—see how it's working, ask the hard questions, hear from
16490-459: The ban on openly gay, lesbian, and bisexual people serving either legislatively or through the courts initially proved unsuccessful. In 2010, two federal courts ruled the ban on openly gay, lesbian, and bisexual service personnel unconstitutional, and on July 6, 2011, a federal appeals court suspended the DADT policy. In December 2010, the House and Senate passed and President Barack Obama signed
16660-523: The ban, appeared on the cover of Time in 1975. In 1982 the Department of Defense issued a policy stating that, "Homosexuality is incompatible with military service." It cited the military's need "to maintain discipline, good order, and morale" and "to prevent breaches of security". In 1988, in response to a campaign against lesbians at the Marines' Parris Island Depot , activists launched the Gay and Lesbian Military Freedom Project (MFP) to advocate for an end to
16830-415: The basis of the chemical imbalance theory used widely within the present. Furthermore, not far from Hippocrates, the philosopher Plato would come to argue the mind, body, and spirit worked as a unit. Any imbalance brought to these compositions of the individual could bring distress or lack of harmony within the individual. This philosophical idea would remain in perspective until the seventeenth century. It
17000-401: The beginning or due to the existence of the " queen for a day" rule, which stated that if a service-member was caught having sex with a person of the same gender they could avoid being discharged if the "member did not have a propensity of intent to engage in homosexual acts." In 1981, the Department of Defense issued a new regulation on homosexuality that was designed to ensure withstanding
17170-467: The benefits of the G.I. Bill as a general policy. In 1944, a policy directive ordered that homosexuals were to be committed to military hospitals, examined by psychiatrists and discharged under Regulation 615-360, section 8 . For example, staff sergeant Allen Irvin Bernstein , who was arrested in January 1944 by military police after a failed pickup attempt with another soldier, was confined in
17340-604: The benefits that were not restricted by DOMA, but the Supreme Court decision in United States v. Windsor (2013) made these efforts unnecessary. Engaging in homosexual activity had been grounds for discharge from the American military since the Revolutionary War . Policies based on sexual orientation appeared as the United States prepared to enter World War II . When the military added psychiatric screening to its induction process, it included homosexuality as
17510-432: The cognitive or neurocognitive systems in the brain, may be classified as psychopathology. It remains unclear how strong the distinction between maladaptive traits and mental disorders actually is, e.g. neuroticism is often described as the personal level of minor psychiatric symptoms. Main article: Diagnostic and Statistical Manual of Mental Disorders The Diagnostic and Statistical Manual of Mental Disorders (DSM)
17680-696: The constitutionality of DOMA and statutes that define "spouse" and "surviving spouse" as "a person of the opposite sex" when determining eligibility for veterans benefits. On October 27, 2011, the Servicemembers Legal Defense Network (SLDN) had brought suit in federal court in Massachusetts on behalf of several military servicemembers and veterans in same-sex marriages. The benefits at issue in that case, McLaughlin v. Panetta , included medical and dental benefits, basic housing and transportation allowances, family separation benefits, visitation rights in military hospitals, and survivor benefit plans. On June 27,
17850-402: The country and even internationally." In 2006, a speaking tour of gay former service members, organized by SLDN, Log Cabin Republicans, and Meehan, visited 18 colleges and universities. Patrick Guerriero, executive director of Log Cabin, thought the repeal movement was gaining "new traction" but "Ultimately", said, "we think it's going to take a Republican with strong military credentials to make
18020-559: The decision in Cooper-Harris the previous week as well as BLAG's withdrawal from litigation challenging the statutes in question. Advocates for same-sex spouses of veterans welcomed the announcement, but noted that the question of the rights of such spouses remained uncertain if they live in states that do not recognize their marriage. On September 13, 2013, VA home loan benefits were extended to include service members in same-sex marriages. Psychopathology Psychopathology
18190-505: The early 21st century. Mounting evidence obtained from the integration efforts of foreign militaries, surveys of U.S. military personnel, and studies conducted by the DoD ;gave credence to the view that the presence of open homosexuals within the military would not be detrimental at all to the armed forces. A DoD study conducted at the behest of Secretary of Defense Robert Gates in 2010 supports this most. The DoD working group conducting
18360-419: The eighteenth and nineteenth century even in the absence of any explicit prohibition of sodomy . The Articles of War of the United States of 1916, implemented on March 1, 1917, included Article 93 stating that any person subject to military law who committed "assault with intent to commit sodomy" shall be punished as a court-martial may direct. That was modified on June 4, 1920, to make the act of sodomy itself
18530-543: The election of George W. Bush in 2000, observers expected him to avoid any changes to DADT, since his nominee for Secretary of State Colin Powell had participated in its creation. In February 2004, members of the British Armed Forces, Lt Rolf Kurth and Lt Cdr Craig Jones, along with Aaron Belkin, Director of the Center for the Study of Sexual Minorities in the Military met with members of Congress and spoke at
18700-522: The end of DADT on September 20, 2011, the same-sex spouses of gay and lesbian service members were not treated on a par with the different-sex spouses of military service members because of restrictions imposed by Section 3 of the Defense of Marriage Act (DOMA) and certain federal statutes that contain definitions of marriage that exclude same-sex couples. Same-sex spouses are denied death benefits, identification cards, base access, access to repatriation ceremonies, and other entitlements. In December 2012,
18870-432: The essence of military capability". The act prohibited any non-heterosexual person from disclosing their sexual orientation or from speaking about any same-sex relationships, including marriages or other familial attributes, while serving in the United States armed forces . The act specified that service members who disclose that they are homosexual or engage in homosexual conduct should be separated (discharged) except when
19040-496: The exclusion of gays and lesbians from the armed forces. In 1989, reports commissioned by the Personnel Security Research and Education Center (PERSEREC), an arm of the Pentagon, were discovered in the process of Joseph Steffan 's lawsuit fighting his forced resignation from the U.S. Naval Academy. One report said that "having a same-gender or an opposite-gender orientation is unrelated to job performance in
19210-461: The fall of 2010 just as Congressional attempts to repeal DADT took shape. An attempt to repeal DADT began in May 2010 when the House approved an amendment to the 2011 National Defense Authorization Act . It failed in September, when Sen. John McCain led a successful filibuster against it. In December 2010, after a second Senate filibuster, Senators Joe Lieberman and Susan Collins introduced
19380-602: The federal government could constitutionally withhold funding from universities, no matter what their nondiscrimination policies might be, for refusing to give military recruiters access to school resources. An association of law schools had argued that allowing military recruiting at their institutions compromised their ability to exercise their free speech rights in opposition to discrimination based on sexual orientation as represented by DADT. In January 1998, Senior Chief Petty Officer Timothy R. McVeigh (not to be confused with convicted Oklahoma City bomber , Timothy J. McVeigh ) won
19550-515: The federal judge hearing the case asked the parties to explain by July 18 why the logic that found Windsor unconstitutional did not apply to that definition as well. On July 18, the Bipartisan Legal Advisory Group BLAG, which had defended DOMA and the restrictive definitions of marriage acknowledged that "[t]he Supreme Court recently resolved the issue of DOMA Section 3's constitutionality" but took no position on
19720-606: The four Ds when defining abnormality: Benjamin Lahey and colleagues first proposed a general "psychopathology factor" in 2012, or simply "p factor". This construct shares its conceptual similarity with the g factor of general intelligence . Instead of conceptualising psychopathology as consisting of several discrete categories of mental disorders, the p factor is dimensional and influences whether psychiatric symptoms in general are present or absent. The symptoms that are present then combine to form several distinct diagnoses. The p factor
19890-516: The government to cease enforcement of DADT while dismantling the policy. Repeal was not immediate. The Department of Defense first reviewed its policies and guidelines and drafted implementation regulations. Then the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff certified that new regulations had been drafted and that the new regulations would not damage military cohesion and readiness. That certification triggered
20060-523: The incoming Clinton administration. The policy was introduced as a compromise measure in 1993 by President Bill Clinton who campaigned in 1992 on the promise to allow all citizens to serve in the military regardless of sexual orientation. Commander Craig Quigley , a Navy spokesman, expressed the opposition of many in the military at the time when he said, "Homosexuals are notoriously promiscuous" and that in shared shower situations, heterosexuals would have an "uncomfortable feeling of someone watching". During
20230-676: The injection of those lurid attitudes into the even more explosive situation of the U.S. military." In November 2007, 28 retired generals and admirals urged Congress to repeal the policy, citing evidence that 65,000 gay men and women were serving in the armed forces and that there were over a million gay veterans. On November 17, 2008, 104 retired generals and admirals signed a similar statement. In December, SLDN arranged for 60 Minutes to interview Darren Manzella , an Army medic who served in Iraq after coming out to his unit. In 2008, former U.S. Senator Sam Nunn , who previously stalled efforts to lift
20400-444: The intent of the policy had also been to treat homosexuality as being akin to a disability discharge and thus ensure that anyone found engaging in homosexual activity and/or identifying as gay, would be separated with an honorable discharge. The DOD policy has since withstood most court challenges, although the United States Supreme Court has refused to weigh in on the constitutionality of the policy, preferring to allow lower courts and
20570-629: The lack of an honorable discharge can create a hurdle to employment in the civilian sector as well. The Armed Forces established procedures for processing such requests through the Military Department Board for Correction of Military/Naval Records or the Military Department's Discharge Review Board. In June 2013, after advocates for gay and lesbian veterans complained about the process, Representatives Mark Pocan (D-Wisconsin) and Charles Rangel (D-New York) introduced
20740-427: The law. On July 5, 2009, Colin Powell told CNN that the policy was "correct for the time" but that "sixteen years have now gone by, and I think a lot has changed with respect to attitudes within our country, and therefore I think this is a policy and a law that should be reviewed." Interviewed for the same broadcast, Mullen said the policy would continue to be implemented until the law was repealed, and that his advice
20910-435: The leave was for travel and cited Texas or South Korea as locations that pose problems for same-sex couples seeking to marry. The policy does not apply to those in same-sex legal relationships other than marriage, such as civil unions and domestic partnerships. The Veterans Administration has cited other federal statutes that define " spouse " and "surviving spouse." The status of benefits for veterans in same-sex relationships
21080-522: The legal definition of marriage as being one man and one woman under the Defense of Marriage Act (DOMA) meant that, although same-sex partners could get married, their marriage was not recognized by the federal government. This barred partners from access to the same benefits afforded to heterosexual couples such as base access, health care, and United States military pay , including family separation allowance and Basic Allowance for Housing with dependents. The Department of Defense attempted to open some of
21250-441: The letter were officers who had no knowledge of their inclusion or who had refused to be included, and even one instance of a general's widow who signed her husband's name to the letter though he had died before the survey was published. The average age of the officers whose names were listed as signing the letter was 74, the oldest was 98, and Servicemembers United noted that "only a small fraction of these officers have even served in
21420-541: The mass mobilization and deployment of troops for operations in World War II, it became impractical to convene court-martial boards for homosexual conduct offenses. Commanders instead issued blue discharges – a form of administrative military discharge – to homosexual personnel. However, blue discharge holders faced difficulties in civilian life because the blue discharge carried with it a negative association. The Veterans Administration denied blue-discharge veterans
21590-606: The military during the 'Don't Ask, Don't Tell' period, much less in the 21st century military." The Center for American Progress issued a report in March 2010 that said a smooth implementation of an end to DADT required eight specified changes to the military's internal regulations. On March 25, 2010, Defense Secretary Gates announced new rules mandating that only flag officers could initiate discharge proceedings and imposing more stringent rules of evidence on discharge proceedings. The underlying justifications for DADT had been subjected to increasing suspicion and outright rejection by
21760-408: The military to abide by regulations essentially identical to the 1982 absolute ban policy. The Clinton administration on December 21, 1993, issued Defense Directive 1304.26, which directed that military applicants were not to be asked about their sexual orientation. This policy is now known as "Don't Ask, Don't Tell". The phrase was coined by Charles Moskos , a military sociologist. In accordance with
21930-422: The military, homosexual conduct can threaten the lives, including the physical (e.g. AIDS) and psychological well-being of others". Mundy called it "extremely insightful" and said it offered "a sound basis for discussion of the issue". The murder of gay U.S. Navy petty officer Allen R. Schindler Jr. on October 27, 1992, brought calls from advocates of allowing open service by gays and lesbians for prompt action from
22100-476: The military. Start with a Pentagon study." On May 4, 2008, while Chairman of the Joint Chiefs of Staff Admiral Mike Mullen addressed the graduating cadets at West Point , a cadet asked what would happen if the next administration were supportive of legislation allowing gays to serve openly. Mullen responded, "Congress, and not the military, is responsible for DADT." Previously, during his Senate confirmation hearing in 2007, Mullen told lawmakers, "I really think it
22270-419: The military: "Homosexual personnel, irrespective of sex, should not be permitted to serve in any branch of the Armed Forces in any capacity, and prompt separation of known homosexuals from the Armed Forces is mandatory." President Harry S. Truman signed legislation on May 6, 1950, creating the Uniform Code of Military Justice , which became effective on May 31, 1951. It established a single justice system for
22440-742: The millions of people who use computer on-line services". In April 2006, Margaret Witt, a major in the United States Air Force who was being investigated for homosexuality, filed suit in the United States District Court for the Western District of Washington seeking declaratory and injunctive relief on the grounds that DADT violates substantive due process , the Equal Protection Clause, and procedural due process. In July 2007
22610-468: The navy on the basis that "The service should not move ahead of civilian society nor attempt to set substantially different standards in attitude or action with respect to homosexual offenders." It remained secret until 1976. Fannie Mae Clackum was the first service member to successfully appeal such a discharge, winning eight years of back pay from the US Court of Claims in 1960. From the 1950s through
22780-637: The next year. In July 1991, Secretary of Defense Dick Cheney , in the context of the outing of his press aide Pete Williams , dismissed the idea that gays posed a security risk as "a bit of an old chestnut" in testimony before the House Budget Committee. In response to his comment, several major newspapers endorsed ending the ban, including USA Today , the Los Angeles Times , and the Detroit Free Press . In June 1992,
22950-623: The other statutes except to say that the constitutionality of those definitions "remains open". The Department of Justice told the court that it would not defend those statutes. BLAG asked to withdraw from a similar lawsuit in federal court in California, Cooper-Harris v. United States , on July 22. On August 29, Judge Consuelo Marshall ruled that the provisions of Title 38 of the U.S. Code that define spouse so as to exclude those in same-sex marriages are unconstitutional. A similar case involving only veterans benefits, Cardona v. Shinseki ,
23120-423: The p factor are more likely to have inherited a genetic predisposition to mental illness. The existence of the p factor may explain why it has been "... challenging to find causes, consequences, biomarkers, and treatments with specificity to individual mental disorders." A 2020 review of the p factor found that many studies support its validity and that it is generally stable throughout one's life. A high p factor
23290-476: The perceived unrest that would occur without DADT. Ultimately, the study deemed the overall risk to military effectiveness of lifting the ban to be low. Citing the ability of the armed forces to adjust to the previous integration of African-Americans and women, the DoD study asserted that the United States military could adjust as had it before in history without an impending serious effect. Sexual orientation in
23460-417: The plaintiffs stated that the policy violates the rights of gay military members to free speech, due process and open association. The government argued that DADT was necessary to advance a legitimate governmental interest. Plaintiffs introduced statements by President Barack Obama , from prepared remarks, that DADT "doesn't contribute to our national security", "weakens our national security", and that reversal
23630-440: The policy at the time was "Don't Ask, Don't Tell, Don't Pursue". The "Don't Ask" provision mandated that military or appointed officials not ask about or require members to reveal their sexual orientation. The "Don't Tell" stated that a member may 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 "Don't Pursue" established what
23800-610: The policy be allowed to stay in place while they completed the process of assuring that its end would not impact combat readiness. On March 28, the LCR filed a brief asking that the court deny the administration's request. In 2011, while waiting for certification, several service members were discharged under DADT at their own insistence, until July 6 when a three-judge panel of the Ninth Circuit Court of Appeals re-instated Judge Phillips' injunction barring further enforcement of
23970-438: The policy focused on punishing harassment in the military rather than the policy itself, which Senator Chuck Hagel defended on December 25: "The U.S. armed forces aren't some social experiment." The principal candidates for the Democratic presidential nomination in 2000, Al Gore and Bill Bradley , both endorsed military service by open gays and lesbians, provoking opposition from high-ranking retired military officers, notably
24140-476: The policy to "don't ask, don't tell, don't pursue, don't harass". Beginning in the early 2000s, several legal challenges to DADT were filed, and legislation to repeal DADT was enacted in December 2010, specifying that the policy would remain in place until the President, the Secretary of Defense , and the Chairman of the Joint Chiefs of Staff certified that repeal would not harm military readiness, followed by
24310-407: The presence of psychopathology in an individual as a whole. One strategy is to assess a person along four dimensions: deviance, distress, dysfunction, and danger, known collectively as the four Ds. Another conceptualisation, the p factor, sees psychopathology as a general, overarching construct that influences psychiatric symptoms. Mental disorders are defined by a set of characteristic features, that
24480-447: The process of implementing the Supreme Court's decision in consultation with the Department of Justice and other executive branch agencies. The Department of Defense intends to make the same benefits available to all military spouses—regardless of sexual orientation—as soon as possible." On August 14, 2013, the Department of Defense (DoD) announced that it would provide spousal and family benefits to servicemembers in same-sex marriages on
24650-466: The rank of lieutenant, junior grade, though whether his homosexuality was an issue in his discharge is doubted by researchers. By the 1970s, a gay servicemember who had not committed any homosexual acts while in service generally received a general discharge, while those found to have engaged in homosexual conduct more often received undesirable discharges. Gay servicemembers received a disproportionate percentage of undesirable discharges issued. During
24820-521: The reasons for it. The report also included excerpts from a previously unpublished 1988 Defense Personnel Security Research and Education Center study on homosexuality that made similar conclusions as the 1957 Crittenden Report. Some LGBT military personnel sought to overturn the military's ban on service by homosexuals. Among the earliest were Leonard Matlovich , who fought to remain in the Air Force after coming out in 1975, and Perry Watkins , who
24990-508: The recently retired commandant of the Marine Corps, General Charles C. Krulak . He and others objected to Gore's statement that he would use support for ending DADT as a "litmus test" when considering candidates for the Joint Chiefs of Staff . The 2000 Democratic Party platform was silent on the issue, while the Republican Party platform that year said: "We affirm that homosexuality is incompatible with military service." Following
25160-493: The same legislation in the Senate. On June 26, 2013, the Supreme Court held in United States v. Windsor that the statute under which the U.S. military was withholding benefits from servicemembers in same-sex marriages, Section 3 of the Defense of Marriage Act , was unconstitutional. Secretary of Defense Chuck Hagel stated: "The Department of Defense welcomes the Supreme Court's decision [and] will immediately begin
25330-502: The same terms as it does to those in different-sex marriages. The benefits, which include health care coverage, housing allowances, military ID cards, and survivor benefits, can be claimed retroactive to June 26, the day of the Windsor decision. A same-sex marriage must be documented by a marriage certificate that establishes that the marriage was valid where it was celebrated. The DoD also announced that servicemembers who need to travel to
25500-516: The same way as is being left- or right-handed." Other lawsuits fighting discharges highlighted the service record of service members like Tracy Thorne and Margarethe (Grethe) Cammermeyer . The MFP began lobbying Congress in 1990, and in 1991 Senator Brock Adams (D-Washington) and Rep. Barbara Boxer introduced the Military Freedom Act, legislation to end the ban completely. Adams and Rep. Pat Schroeder (D-Colorado) re-introduced it
25670-743: The screening apparatus they recommended. The United States Army Surgeon General's office issued a circular in 1941 that for the first time classified "homosexual proclivities" as disqualifying inductees from military service. The United States Navy and the Selective Service adopted similar exclusionary policies. The Women's Army Corps adopted a similar policy in 1944. The Women's Army Corps instituted harsh screening policies for recruits, often based on physical appearance and gender conformity, in order to exclude lesbians from service. WAC policies also condoned heterosexual relationships with servicemen in order to discourage homosexual conduct. With
25840-508: The servicemember's commander determines the amount of leave to be granted based on the servicemember's unit responsibilities and specific situation. Peter Sprigg of the Family Research Council , a longtime opponent of the end of "don't ask, don't tell", wrote that "It could well be argued that the new policy actively discriminates against opposite-sex couples, who receive no special leave for their weddings". DoD officials said
26010-618: The standard separation pay upon discharge. All were discharged under the DADT policy, but the ACLU said that the practice ante-dated the adoption of DADT. On January 7, 2013, the ACLU reached a settlement with the federal government in Collins v. United States that provided for the payment of full separation pay to servicemembers discharged under " Don't ask, don't tell " since November 10, 2004. Some 181 were expected to receive about $ 13,000 each. The American Military Partner Association (AMPA)
26180-414: The stay. District Court neither anticipated questions of constitutional law nor formulated a rule broader than is required by the facts. The constitutional issues regarding DADT are well-defined, and the District Court focused specifically on the relevant inquiry of whether the statute impermissibly infringed upon substantive due process rights with regard to a protected area of individual liberty. Engaging in
26350-459: The study considered the impact that lifting the ban would have on unit cohesion and effectiveness, good order and discipline, and military morale. The study included a survey that revealed significant differences between respondents who believed they had served with homosexual troops and those who did not believe they had. In analyzing such data, the DoD working group concluded that it was actually generalized perceptions of homosexual troops that led to
26520-478: The trial court's ruling stayed pending the outcome. In a settlement announced on May 10, 2011, the Air Force agreed to drop its appeal and remove Witt's discharge from her military record. She will retire with full benefits. In 2010, a lawsuit filed in 2004 by the Log Cabin Republicans (LCR), the nation's largest Republican gay organization, went to trial. Challenging the constitutionality of DADT,
26690-495: The two issues: "McVeigh is as clear-cut a victim of a witch hunt as could be imagined, and that witch hunt could expand exponentially if the military wants to add on-line fishing to its invasion of service members' privacy." AOL apologized to McVeigh and paid him damages. McVeigh reached a settlement with the Navy that paid his legal expenses and allowed him to retire with full benefits in July. The New York Times called Sporkin's ruling "a victory for gay rights, with implications for
26860-400: The unique environment of the armed forces, deserves continued support." The signature campaign had been organized by Elaine Donnelly of the Center for Military Readiness , a longtime supporter of a traditional all-male and all-heterosexual military. Servicemembers United , a veterans group opposed to DADT, issued a report critical of the letter's legitimacy. They said that among those signing
27030-545: The wars in Iraq and Afghanistan , and groups associated with West Point ( Knights Out ) and the Naval Academy ( USNA Out ). Service members discharged under DADT continued to seek redress through the courts without success. Courts often cited the Supreme Court's 1986 decision in Bowers v. Hardwick , which upheld the constitutionality of state sodomy laws . After the Supreme Court reversed Bowers in Lawrence v. Texas (2003),
27200-428: Was closer to $ 363 million, including $ 14.3 million for "separation travel" following a service member's discharge, $ 17.8 million for training officers, $ 252.4 million for training enlistees, and $ 79.3 million in recruiting costs. In 2006, Soulforce , a national LGBT rights organization, organized its Right to Serve Campaign , in which gay men and lesbians in several cities attempted to enlist in
27370-412: Was disputed. On December 7, 1999, Hillary Clinton told an audience of gay supporters that "Gays and lesbians already serve with distinction in our nation's armed forces and should not face discrimination. Fitness to serve should be based on an individual's conduct, not their sexual orientation." Later that month, retired General Carl E. Mundy Jr. defended the implementation of DADT against what he called
27540-512: Was drafted in 1967 despite disclosing his homosexuality on his induction papers. District Court judge Gerhard Gesell ordered Matlovich's reinstatement in 1980. Rather than return Matlovich to duty, the Air Force offered him a cash settlement of $ 160,000, which Matlovich accepted. The Army tried to discharge Watkins several times, until the United States Court of Appeals for the Ninth Circuit ordered his reinstatement in 1989 and
27710-434: Was forced to resign in March 1956 when found to have participated in homosexual activities. The Navy conducted the first official study on sexual orientation and the Navy regulations and rules. In 1957, the Crittenden Report found that gay-identified people were no more likely to be a security risk than heterosexual-identified people, but nevertheless recommended that homosexuals be excluded from service because "Homosexuality
27880-667: Was formed in 2009 to enable the LGBT partners of servicemembers and veterans to provide support in areas where the military fails to and to advocate on behalf of equal treatment of those in same-sex relationships. Following the end of DADT, approximately 114,000 servicemembers who had been separated from military service since WW II under the categories "other than honorable discharge", "general discharge", or "dishonorable discharge" became eligible to have their discharges amended. Those without an honorable discharge are often excluded from veterans benefits like health care and tuition assistance, and
28050-409: Was founded by Karl Jaspers in 1913. It was referred to as "static understanding" and its purpose was to graphically recreate the "mental phenomenon" experienced by the client. A few years earlier, in 1899, the German book Lehrbuch der Psychopathologischen Untersuchungs-Methoden was published by Robert Sommer . Sigmund Freud proposed a method for treating psychopathology through dialogue between
28220-450: Was later challenged by Laing (1960) along with Laing and Esterson (1964) who noted that it was the family environment that led to the formation of adaptive strategies. In the eighteenth century's Romantic Movement , the idea that healthy parent-child relationships provided sanity became a prominent idea. Philosopher Jean-Jacques Rousseau introduced the notion that trauma in childhood could have negative implications later in adulthood. In
28390-615: Was minimally required for an investigation to be initiated. A "Don't Harass" provision was added to the policy later. It ensured that the military would not allow harassment or violence against service members for any reason. The Servicemembers Legal Defense Network was founded in 1993 to advocate an end to discrimination on the basis of sexual orientation in the U.S. Armed Forces. DADT was upheld by five federal Courts of Appeal. The Supreme Court , in Rumsfeld v. Forum for Academic and Institutional Rights, Inc. (2006), unanimously held that
28560-461: Was one of the first to reject the idea that mental disorders were caused by possession of demons or the devil, and instead looked to natural causes. He firmly believed the symptoms of mental disorders were due to diseases originating in the brain. Hippocrates suspected that these states of insanity were due to imbalances of fluids in the body. He identified these fluids to be four in particular: blood, black bile, yellow bile, and phlegm. This later became
28730-716: Was the subject of ongoing lawsuits. In 2015, Defense Secretary Ash Carter added sexual orientation to the list of nondiscrimination protections under the military's equal opportunity program. However, LGBT service members and veterans continue to face discrimination in the Veterans Health Administration . Often healthcare systems deny adequate services and visitation rights to same-sex couples. HIV -positive service members overseas frequently had their possessions thrown overboard when their fellow comrades found out they tested positive. Several lawsuits on behalf of same-sex military spouses had challenged
28900-461: Was to "move in a measured way. ... At a time when we're fighting two conflicts there is a great deal of pressure on our forces and their families." In September, Joint Force Quarterly published an article by an Air Force colonel that disputed the argument that unit cohesion is compromised by the presence of openly gay personnel. In October 2009, the Commission on Military Justice, known as
#592407