Twitter icon


Facebook icon

About this site
About us
Our beliefs
Your first visit?
Contact us
External links
Good books
Visitors' essays
Our forum
New essays
Other features
Buy a CD
Vital notes

World religions
BUDDHISM
CHRISTIANITY
 Christian def'n
 Shared beliefs
 Handling change
 Bible topics
 Bible inerrancy
 Bible harmony
 Interpret Bible
 Persons
 Beliefs & creeds
 Da Vinci code
 Revelation 666
 Denominations
HINDUISM
ISLAM
JUDAISM
WICCA / WITCHCRAFT
Other religions
Cults and NRMs
Comparing Religions

Non-theistic...
Atheism
Agnosticism
Humanism
Other

About all religions
Main topics
Basic information
Gods & Goddesses
Handling change
Doubt & security
Quotes
Movies
Confusing terms
Glossary
End of the World?
True religion?
Seasonal events
Science vs Religion
More information

Spiritual/ethics
Spirituality
Morality & ethics
Absolute truth

Peace/conflict
Attaining peace
Religious tolerance
Religious freedom
Religious hatred
Religious conflict
Religious violence

"Hot" topics
Very hot topics
10 commandments
Abortion access
Assisted suicide
Cloning
Death penalty
Environment

Same-sex marriage

Homosexuality
Human rights
Gays in the military
Nudism
Origins
Sex & gender
Sin
Spanking kids
Stem cells
Transexuality
Women-rights
Other topics

Laws and news
Religious laws
Religious news

 

 

 

 

 

 

Religious Tolerance logo

Federal court finds "Don't ask, don't tell" policy unconstitutional

Adverse influences of DADT. The smoking gun.

horizontal rule

Sponsored link.

horizontal rule

As mentioned previously, the courts must examine DADT using heightened scrutiny. In this case, in order to allow its intrusion into the private lives of servicemembers, DADT must

  1. Significantly further a government interest, and
  2. The intrusion must be necessary to further that interest."
Otherwise, DADT must be considered unconstitutional.

horizontal rule

Adverse influences of DADT:

Dr. Lawrence Korb, a senior fellow at the Center for American Progress, and an expert on military preparedness and national security issues, testified that DADT adversely affects military recruiting because:

  • Its existence discourages those who would otherwise enlist from doing so, and

  • many colleges and universities will not permit military recruiting or ROTC programs on campus because the Act's requirements violate their employment nondiscrimination policies on the basis of sexual orientation.

He estimates that if DADT were repealed, the military would gain about 40,000 new recruits. Further, about 4,000 more servicemembers would re-enlist every year rather than leave voluntarily. 1

District Court Judge Phillips also summarized Dr. Korb's testimony concerning the nature of the military:

"He opined that in order for the military to perform its mission successfully, it must mold persons from vastly different backgrounds who join it into a united and task-oriented organization. He described the military as a meritocracy, but testified that the Don't Ask, Don't Tell Act detracts from the merit-based nature of the organization, because discharges under the Act are not based on the servicemember's failure to
perform his or her duties properly, or on the effect of the soldier's presence on the unit's morale or cohesion." 2

horizontal rule

The smoking gun:

The Log Cabin Republicans produced evidence at trial showing that:

  • Separations under DADT dropped significantly when military activities in Afghanistan increased. This demonstrates that the military willingly retained known gay, lesbian and bisexual troops whenever the need for more combat personnel increased.

  • The military routinely delayed investigations under DADT until after deployed servicemembers returned from combat overseas.

Judge Phillips notes that:

"This evidence, in particular, directly undermines any contention that the Act furthers the Government's purpose of military readiness, as it shows Defendants continue to deploy [known] gay and lesbian members of the military into combat, waiting until they have returned before resolving the charges arising out of the suspected homosexual conduct."

"If the warrior's suspected violation of the Act created a threat to military readiness, to unit cohesion, or to any of the other important Government objectives, it follows that Defendants would not deploy him or her to combat before resolving the investigation. It defies logic that the purposes of the Act could be served by suspending the investigation during overseas deployments, only to discharge a servicemember upon his or her return to a non-combat station." 3

horizontal rule

References used:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

  1. Virginia Phillips, "Text of ruling: Case No. CV 04-08425-VAP (Ex)," Page 62. Filed 2010-SEP-09, at: http://graphics8.nytimes.com/ This is a PDF file.
  2. Op Cit, Phillips, Page 61.
  3. Op Cit, Pages 64 & 65.

horizontal rule

Site navigation:

Home > "Hot" topics > Homosexuality & Bisexuality > Challenges > DADT > Lawsuit > here

horizontal rule

Copyright © 2010 by Ontario Consultants on Religious Tolerance
Originally written: 2010-SEP-13
Latest update: 2010-SEP-16
Author: B.A. Robinson

line.gif (538 bytes)
Sponsored link

Go to the previous page, or return to the "DADT lawsuit in district court" menu, or choose:

horizontal rule
Google
Web ReligiousTolerance.org

Go to home page  We would really appreciate your help

E-mail us about errors, etc.  Purchase a CD of this web site

FreeFind search, lists of new essays...  Having problems printing our essays?

Google Page Translator:

This page translator works on Firefox,
Opera, Chrome, and Safari browsers only

After translating, click on the "show
original" button at the top of this
page to restore page to English.

 

Sponsored link: