Download the study here.

Introduction

In May, the Palm Center released its study, “How to End ‘Don’t Ask, Don’t Tell’: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment.” The document showed that the President has the legal authority to issue an executive order halting all discharges under the homosexual conduct policy governed by 10 U.S.C. § 654.

The release of the study touched off a debate over how the application or enforcement of “don’t ask, don’t tell” might be modified in ways that are consistent with both federal law and national security.

In June, Secretary of Defense Robert Gates announced that he had asked his general counsel to explore what flexibility the law allows for, and specifically if there is “a more humane way to apply the law until the law gets changed.” This legal memo explains the authority granted to the Secretary of Defense to modify how “don’t ask, don’t tell” is applied, and outlines several options for doing so.

 

Table of Contents:

I.  Introduction
II.  Authority Granted to the Secretary of Defense by 10 U.S.C. § 654 (Policy  Concerning Homosexuality in the Armed Forces) and by Department of Defense Regulations
III.  Actions the Secretary of Defense Could Take to Limit Enforcement of “Don’t Ask, Don’t Tell” and Assessment of Likely Consequences
IV.  Conclusion