The Don’t Ask Don’t Tell (D.A.D.T.) Policy was signed on Dec. 1993, until its repeal on Sept. 2011. This policy allowed gay men and women to serve with militants; however, it prohibits them from serving openly. It denied them the right to express themselves. D.A.D.T. however wrong in many ways it may have been, it was the first step in recognizing our gay men and women, who were and are serving our country.
With just in a decade, the U.S. Supreme Court ruling in Lawrence vs. Texas, the courts, in a 6-3 decision, declared sodomy laws unconstitutional. With this ruling it leaves the “Don’t ask, don’t tell” policy of the United States Military, once again, open to debate and challenge. If the court’s ruling and thought process in its ruling is applied, then the “D.A.D.T” policy will not stand the same scrutiny.
In the majority opinion written by Justice Kennedy it was stated, “Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain sexual conduct.” (Kennedy 2003). Using this reasoning, the long standing basis of the military’s ban and dismissal of homosexual or lesbian service members is called into serious question as to its validity.
According to military policy, A member of the armed forces shall be separated from the armed forces under regulations prescribed by the Secretary of Defense if one or more of the following findings is made and approved in accordance with procedures set forth in such regulations: (1) That the member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are further findings made and approved in accordance with procedures set forth in such regulations, that the member has demonstrated that…” (Kennedy 2003).
But with the findings of the Supreme Court this policy would not stand under the rational basis test used in determining the validity of laws under the 14th...