Homosexuals In the Military

A Guide to Selected Government Information Available at WIU's Government Publications Library

(Revised -- 7/06)

Web version of this guide includes links to web resources.

Federal Government Information

Sexual Orientation and the U.S. Military Personnel Policy

The RAND study that was instrumental in the Secretary of Defense Executive Order to end discrimination on the basis of sexual orientation in the Armed Forces. 1993

Military Personnel: Financial Loss and Loss of Critical Skills Due to the DoD's Homosexual Conduct Policy Cannot Be Completely Estimated

This GAO study reports that over a 10-year period, it could have cost the Department of Defense about 95 million dollars in constant FY2004 dollars to replace servicemembers separated under the military's current homosexual conduct policy. It is estimated that it cost the Army, Navy, and Air Force $29.7 million, $48.8 million, and $16.6 million, respectively. 2005

Army Homosexual Conduct Policy

This Army website offers the Army's policy on homosexuality, namely, "Don't Ask, Don't Tell".

"Don't Ask, Don't Tell": Is the Gay Ban Based on Military Necessity?

A look at Australia, Canada, Israel, and Britain's treatment of lifting the gay ban to military service and the relevance these decisions have for the U.S.
Parameters. Vol. 33, No. 2 Summer 2003 pp.108-119
D 101.72:33/2

"The Difference Between Can and Should: Able v. United States and the Continuing Debate About Homosexual Conduct in the Military"

This article examines military regulation of homosexuality, speech, and marriage and makes an anology to conduct permitted in civilian government employment. It seeks to answer whether or not the military can discharge homosexuals, constitutionally speaking and, if so, whether they should continue this practice.
The Air Force Law Review. Vol. 46, 1999 pp. 1-71
D 302.9:999

"Must US Military Culture Reform?"

This look at the changing pressures on military culture argues that military culture be allowed to remain "different, but not separate" from civil culture and that the military should be allowed to nurture its uniqueness that is an inherent part of its efficient operation. A historical perspective is gained by looking at military ideology during the Cold War and post-Cold War eras. Social forces at work on military life include issues such as women in combat, homosexuals in the military, gender-integrated basic training, and interaction between civilian and military cultures.
Parameters. Vol. 29, No. 3 Autumn 1999 pp. 9-23
D 101.72:29/3

Review of the Effectiveness of the Application and Enforcement of the Department's Policy on Homosexual Conduct in the Military

This Department of Defense publication reviews DoD's findings regarding homosexuals in the military and includes data on discharge, application and enforcement of the onduct policy, recommendations, investigations, and threats against homosexuals. 1998

Summary Report of the Military Working Group and the Policy on Homosexual Conduct In the Armed Forces

This report gives the background of the group selected to investigate the feasibility of lifting the ban on homosexuals in the military, the group's findings, conclusions, recommended policy, and the resulting memo from the Secretary of Defense outlining the accepted policy. 1993
D 1.2: H 75 and D 1.2:H 75/2

Legal Information

Homosexuality and the Law: A Dictionary

This dictionary is useful in understanding the major arguments against and for the inclusion of homosexuals in the military, and it offers plenty of legal cases and their mixed results.
LEGL REF KF 4754.5 .A68 S74 2001

"Assimilationist Bias in Equal Protection: The Visibility Presumption and the Case of 'Don't Ask, Don't Tell'"

This author proposes that courts give greater attention if a classification can be likened to the classifications of race or sex when proving a point of law. He illustrates his belief that the visibility factor in antidiscrimination law cannot be justified by showing that the military's "don't ask, don't tell" policy renders gays invisible and powerlessness from a legal standpoint.
The Yale Law Journal. Vol. 108, No. 3 December 1998 pp. 485-571

'Don't Ask, Don't Tell' and the National Guard: Federal Policies on Homosexuality in the Military vs. the Militia Clauses of the Constitution

An examination of whether a state military entity is required to abide by the federal government's imposition of the "Don't ask, Don't tell" policy. This situation results in the federalization of a state militia versus a state's rights. 1997.
California Law Review. Vol. 5, No. 4 p. 955

Holmes v. California Army National Guard

This is a typical case brought against federal and state defendants resulting from a sexual orientation discharge. The violations presented are Lieutenant Holmes' right of equal protection, the freedom of speech, and violation of rights under the California constitution.
920 F. Supp. 1510

Thomasson v. Perry

This case is another typical example of a military officer discharged under the "Don't ask, Don't tell" policy.
80 F.3rd 915

"Upholding 'Don't Ask, Don't Tell'"

A review of First Amendment rights and how they relate to the "Don't ask, Don't tell" policy. It also presents the unique problems inherent in a First Amendment rights case involving the military, because the military is considered a separate entity from the civilian population. 1996.
Yale Law Journal. Vol. 106, No. 2 p.531

"Constitutional Law- First Amendment and Equal Protection- 9th Circuit Upholds 'Don't Ask, Don't Tell' Policy for Gays and Lesbians in the Military"

This article critiques the case of Holmes vs. California Army National Guard with regard to First Amendment rights. In addition, it explains the "Don't ask, Don't tell" policy and how it is supposed to work. 1998.
Harvard Law Review. Vol. 111, No. 5 p.1371

Homosexuality and the Constitution, Volume 2 - Homosexuals in the Military

This book presents cases, statutory material, and articles about equal protection and the military service ban, while tying the topic into the larger issue of homosexuality and equal protection in our society. 1997
LEGL REF KF 4754.5 .H64 1997 v.2

Sexual Orientation and the Law, Volume One

This treatise is kept timely via supplements and offers comprehensive legal information regarding homosexuality. Chapter 7 specifically addresses what it means to be a homosexual in the military or a homosexual veteran. Its coverage includes policy over the years, discharge, and AIDS.
LEGL REF KF 4754.5 .S49 1985 v.1