Is “Don’t Ask, Don’t Tell” Legal?

Ever since institution of the infamous “don’t ask, don’t tell” policy in the armed forces, questions have arisen as to the constitutionality of this procedure. In an overlooked case, the 9th US Circuit Court of Appeals in a 2008 ruling it said for a gay service member discharge to be constitutional, the military must demonstrate that the firing promotes cohesion and discipline in the unit. After all, those defending the policy continual claiming if gays are allowed to openly serve it will destroy morale and cause dissension in units. As of this point in time, there is no evidence of any criteria to judge if a particular gay or lesbian soldier who openly stated a sexual orientation would be damaging unit morale.

We doubt if any military standard can definitely prove firing an open gay or lesbian has somehow protected unit cohesion and morale. We dare the military to offer their criteria!

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