62. Rand, Sexual Orientation.
63. Belkin, “Is the Gay Ban Based on Military Necessity?”; see also Gregory Herek and Aaron Belkin, “Sexual Orientation and Military Service: Prospects for Organizational and Individual Change in the United States,” in Thomas Britt, Amy Adler, and Carl Andrew Castro, eds., Military Life: The Psychology of Serving in Peace and Combat (Westport, CT: Praeger Security International, 2005), 4:119–42; Belkin and Evans, “British Armed Forces.”
64. Herek and Belkin, “Sexual Orientation and Military Service,” in Britt et al., Military Life.
65. Belkin and Evans, “British Armed Forces.”
66. Ibid.; author interview with Christopher Dandeker, May 9, 2007; Herek and Belkin, “Sexual Orientation and Military Service,” in Britt et al., Military Life.
67. E-mail from Patrick Lyster-Todd to author, April 11, 2007; Herek and Belkin, “Sexual Orientation and Military Service,” in Britt et al., Military Life.
7. “DON’T ASK, DON’T TELL” DON’T WORK
1. Charles Doe, “New Pentagon Policy on Gays in Military Now in Effect,” United Press International, March 1, 1994.
2. Figures are from Servicemembers Legal Defense Network (SLDN), who compiled them from official Pentagon data; “Financial Analysis of ‘Don’t Ask, Don’t Tell’: How Much Does the Gay Ban Cost?” white paper, Blue Ribbon Commission Report, University of California, Santa Barbara, 2006.
3. “Military Personnel: Financial Costs and Loss of Critical Skills Due to DOD’s Homosexual Conduct Policy Cannot Be Completely Estimated,” U.S. Government Accountability Office (GAO), February 2005; “Uniform Discrimination: The ‘Don’t Ask, Don’t Tell’ Policy of the U.S. Military,” report, Human Rights Watch, 2003; job specialty classifications and statistics come from the Department of Defense and the Defense Manpower Data Center and were analyzed by the Palm Center, University of California, Santa Barbara, in June 2004; see also “Conduct Unbecoming: The Ninth Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Legal Defense Network, 2003.
4. “Remarks by the Joints Chiefs of Staff and Coast Guard Commandant Following Statement by President Clinton Announcing Policy on Gays in the Military Introduced by Secretary of Defense Les Aspin,” news conference, July 19, 1993.
5. Ibid.; Senate Committee on Armed Services, Policy Concerning Homosexuality, 1993, 709; “Remarks Announcing the New Policy on Gays and Lesbians in the Military,” Weekly Compilation of Presidential Documents, vol 29, July 19, 1993.
6. Les Aspin, “Policy on Homosexual Conduct in the Armed Forces, Memorandum for the Secretary of the Army, Secretary of the Navy, Secretary of the Air Force, Chairman, Joint Chiefs of Staff,” Office of the Secretary of Defense, Weekly Compilation of Presidential Documents, vol. 29, July 19, 1993. The clause regarding priests is in a policy attachment; it designates the “priest-penitent relationship” as one that is protected against intrusions of privacy; “News Conference: Secretary of Defense Les Aspin, Jamie Gorelick, General Counsel, Department of Defense Regarding the Regulations on Homosexual Conduct in the Military,” press conference, December 22, 1993.
7. U.S. Department of Defense, Office of the Assistant Secretary of Defense, Directive No. 1332.14, Enlisted Administrative Separations, and “Enclosures” 1–4, December 21, 1993, incorporating changes from March 4, 1994, certified current as of November 21, 2003.
8. “News Conference.”
9. Ruth Marcus, “Administration Rewords Military Rules on Gays,” Washington Post, February 11, 1994.
10. Navy Manpower Analysis Center, “Homosexual Administrative Discharge Board/Show Cause Hearings,” memorandum of Department of the Navy, June 1994.
11. “Conduct Unbecoming: The Fifth Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Legal Defense Network, 1999, 35–36; “Conduct Unbecoming: The Tenth Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Legal Defense Network, 2004, 16.
12. “Conduct Unbecoming: The First Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Legal Defense Network, 1995, ii; “Conduct Unbecoming: The Tenth Annual Report,” 16; DOD Directive 1332.14 and “Enclosures,” November 21, 2003.
13. Author interview with Zoe Dunning, March 10, 2008; Rhonda Evans, “U.S. Military Policies Concerning Homosexuals: Development, Implementation and Outcomes,” white paper, Palm Center, University of California, Santa Barbara, 2001.
14. Ibid.
15. Ibid.
16. Judith Miller, General Counsel of the Department of Defense, “Memorandum for the General Counsels of the Military Departments, the Judge Advocate General of the Army, the Judge Advocate General of the Navy, the Judge Advocate of the Air Force, the Staff Advocate to the Commandant of the Marine Corps: Policy on Homosexual Conduct in the Armed Forces,” August 18, 1995.
17. Thomas Friedman, “Compromise Near on Military’s Ban on Homosexuals,” New York Times, January 29, 1993; in announcing the implementing regulations for the new policy, Defense Secretary Les Aspin said, “We were able to get it to happen in a way in which that [sic] we didn’t have to divert resources away from other fights—on NAFTA, on the economic programs and all the other things that we needed political capital on this year”; see “News Conference.”
18. “News Conference.”
19. Senate Committee on Armed Services, Policy Concerning Homosexuality, 1993, 713, 772.
20. Reno quoted in Janet Halley, Don’t: A Reader’s Guide to the Military’s Anti-Gay Policy (Durham, NC: Duke University Press, 1999), 61, 136; author communication with Kathi Westcott, attorney, Servicemembers Legal Defense Network; author communication with Bridget Wilson, attorney, Rosenstein, Wilson & Dean.
21. “Joint Chiefs of Staff Chairman Gen. Colin Powell Remarks to the U.S. Naval Academy,” Annapolis, MD, January 11, 1993.
22. Senate Committee on Armed Services, Policy Concerning Homosexuality, 1993, 709.
23. “Conduct Unbecoming: The First Annual Report”; “Conduct Unbecoming: The Second Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Legal Defense Network, 1996; “Conduct Unbecoming: The Third Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Legal Defense Network, 1997; “Conduct Unbecoming: The Ninth Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Legal Defense Network, 2003.
24. “Conduct Unbecoming: The First Annual Report”; “Conduct Unbecoming: The Fifth Annual Report”; “Conduct Unbecoming: The Second Annual Report”; “Conduct Unbecoming: The Third Annual Report.”
25. “Conduct Unbecoming: The Second Annual Report”; “Conduct Unbecoming: The Third Annual Report.”
26. “Conduct Unbecoming: The Fifth Annual Report.”
27. “Conduct Unbecoming: The Third Annual Report.”
28. Carolyn Lochhead, “Defense Secretary Says He Will Correct Treatment of Gays,” San Francisco Chronicle, February 27, 1997; “Conduct Unbecoming: The Third Annual Report”; “Conduct Unbecoming: The Fifth Annual Report.”
29. “Conduct Unbecoming: The Second Annual Report”; “Conduct Unbecoming: The Fifth Annual Report.”
30. “Conduct Unbecoming: The Second Annual Report.”
31. “Conduct Unbecoming: The Third Annual Report.”
32. J. Jennings Moss, “Losing the War,” The Advocate, April 15, 1997; “Conduct Unbecoming: The Third Annual Report.”
33. “Conduct Unbecoming: The Third Annual Report”; see Norman Kempster, “Pentagon Survey Finds Much Sex Harassment,” Los Angeles Times, July 3, 1996.
34. “Conduct Unbecoming: The Fifth Annual Report”; Tobias Barrington Wolff, “Political Representation and Accountability Under Don’t Ask, Don’t Tell,” Iowa Law Review 89 (2004):1633; Tobias Barrington Wolff, “Compelled Affirmations, Free Speech, and the U.S. Military’s Don’t Ask, Don’t Tell Policy,” Brostelza Law Review 63 (1997): 1141.
35. Bonnie Moradi, “Perceived Sexual-Orientation-Based Harassment in
Military and Civilian Contexts,” Military Psychology 18, no. 1 (2006): 39–60; Sharon Terman, “The Practical and Conceptual Problems with Regulating Harassment in a Discriminatory Institution,” white paper, Palm Center, University of California, Santa Barbara, 2004; see also T. S. Nelson, For Love of Country: Confronting Rape and Sexual Harassment in the U.S. Military (New York: Hayworth Press, 2002); “Conduct Unbecoming: The Third Annual Report.”
36. Author interview with Melissa Sheridan Embser-Herbert, October 3, 2003; Halley, Don’t.
37. Author interview with anonymous, 2004.
38. Author interview with Brian Muller, February 20, 2004, and subsequent follow-up communications.
39. Ibid.
40. Author interview with anonymous, 2004.
41. Ibid.
42. Ibid.
43. Ibid.
44. See http://www.deomi.org/deomi.htm (accessed May 11, 2008); author phone call to DEOMI, 2004.
45. Reichen Lehmkuhl, Here’s What We’ll Say: Growing Up, Coming Out, and the U.S. Air Force Academy (New York: Carroll & Graf, 2006), 78–100.
46. Senate Committee on Armed Services, Policy Concerning Homosexuality, 1993, 283–84.
47. “Conduct Unbecoming: The Fifth Annual Report.”
48. Ibid.
49. Ibid.
50. “Conduct Unbecoming: The First Annual Report.”
51. Ibid.; “Conduct Unbecoming: The Second Annual Report”; “Conduct Unbecoming: The Ninth Annual Report.”
52. Chris Bull, “No More Evasive Actions: Former Navy Officer Timothy McVeigh Interview,” The Advocate, December 8, 1998.
53. Author interview with Alex Nicholson, September 18, 2007.
54. Ibid.
55. Ibid.; Ask Not, directed by Johnny Symons (Oakland, CA: Persistent Visions, 2008).
56. See, for instance, Chad Carter and Antony Barone Kolenc, “ ‘Don’t Ask, Don’t Tell’: Has the Policy Met Its Goals?” University of Dayton Law Review 31, no. 1 (2005): 1–24; Charles Moskos suggested, in as late as 2007, that Arabic linguists might be revealing they are gay solely in order “to seek employment by civilian contractors” (letter from Charles Moskos to Sam Nunn, October 6, 2007, in author’s possession).
57. “Conduct Unbecoming: The Third Annual Report.”
58. “Conduct Unbecoming: The Third Annual Report”; “Conduct Unbecoming: The Seventh Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Legal Defense Network, 2001.
59. “Conduct Unbecoming: The Third Annual Report.”
60. “Conduct Unbecoming: The Sixth Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Legal Defense Network, 2000, 48–54.
61. CBS Morning News, CBS, July 18, 2000.
62. NBC Nightly News, NBC, June 17, 2003.
63. Nightline, ABC, June 23, 2000.
64. Office of the Under Secretary of Defense (Personnel and Readiness), “Report to the Secretary of Defense: Review of the Effectiveness of the Application and Enforcement of the Department’s Policy on Homosexual Conduct in the Military,” April 1998; “Conduct Unbecoming: The Fifth Annual Report.”
65. “Conduct Unbecoming: The Seventh Annual Report.”
66. Department of Defense Working Group, Anti-Harassment Action Plan (July 21, 2000).
67. “DOD Issues Review of Efforts to Curb Anti-Gay Harassment,” PR Newswire, June 29, 2004; “Conduct Unbecoming: The Ninth Annual Report”; “Conduct Unbecoming: The Tenth Annual Report.”
68. Good Morning, America, ABC, September 9, 2002.
8. A FLAWED POLICY AT ITS CORE
1. See Chad Carter and Antony Barone Kolenc, “ ‘Don’t Ask, Don’t Tell’: Has the Policy Met Its Goals?” University of Dayton Law Review 31, no. 1 (2005): 1–24.
2. Servicemembers Legal Defense Network, The Survival Guide: A Comprehensive Guide to “Don’t Ask, Don’t Tell” and Related Military Policies, Fifth edition (2007).
3. On standards of evidence, see, for example, “Board of Inquiry on Lt. Paul Thomasson, USN, Held on 23–24 May 1994 at Naval Legal Service Office Capitol Region,” http://thomasson.info/trans.htm (accessed March 10, 2008); on punishment of command violations, see “Conduct Unbecoming: The Second Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Defense Fund Network, 1996, 13.
4. Philip Shenon, “Armed Forces Still Question Homosexuals,” New York Times, February 27, 1996; “Conduct Unbecoming: The First Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Defense Fund Network, 1995; “Conduct Unbecoming: The Second Annual Report”; Shenon, “Armed Forces Still Question Homosexuals,” February 27, 1996.
5. Lincoln Caplan, “ ‘Don’t Ask, Don’t Tell’—Marine Style,” Newsweek, June 13, 1994.
6. “Conduct Unbecoming: The Fifth Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Defense Fund Network, 1999; Conduct Unbecoming: The First Annual Report”; “Conduct Unbecoming: The Third Annual Report on ‘Don’t Ask, Don’t Tell,’ ” report, Servicemembers Defense Fund Network, 1997.
7. Author interview with Fred Fox, February 26, 2008; Ask Not, directed by Johnny Symons (Oakland, CA: Persistent Visions, 2008).
8. Benefits are listed and explained on the Web sites of the four major branches; for example, see http://www.goarmy.com (accessed January 12, 2008) and http://www.navy.com (accessed January 12, 2008); see also Charles Moskos, “Preliminary Report on Operation Iraqi Freedom,” December 14, 2003; Statement of Derek Stewart, Director, Defense Capabilities and Management, United States General Accounting Office Testimony Before the Senate Subcommittee on Personnel, Armed Services Committee, April 11, 2002.
9. Statement of Derek Stewart.
10. See http://www.sldn.org/templates/law/record.html?section=89&record=1709 (accessed May 11, 2008).
11. Author interview with anonymous, 2004.
12. Kathi Westcott and Rebecca Sawyer, “Silent Sacrifices: The Impact of ‘Don’t Ask, Don’t Tell’ on Lesbian and Gay Military Families,” Duke Journal of Gender Law & Policy 14 (2007).
13. Ibid.
14. Ibid.
15. Author interview with anonymous, 2004.
16. Author interview with Austin Rooke, July 13, 2004.
17. Ibid.; author interview with Wendy Biehl, April 28, 2004, and subsequent follow-up communications.
18. Author interview with Brian Hughes, March 7, 2004, and subsequent follow-up communications.
19. Author interview with Ian Finkenbinder, September 5, 2003, and subsequent follow-up communications; author interviews with anonymous, 2004.
20. Author interviews with Brian Muller, various dates.
21. Author interview with Robert Stout, March 7, 2005, and subsequent follow-up communications.
22. Ibid.
23. Ibid.
24. Ibid.
25. Ibid.
26. Malia Rulon, “Wounded Gay Soldier Wants to Continue Serving,” Associated Press, April 8, 2005; author interview with Robert Stout, various dates.
27. Rulon, “Wounded Gay Soldier,” April 8, 2005.
28. Author interview with anonymous, 2004.
29. Author interview with anonymous, 2004.
30. Author interview with Alan Steinman, May 14, 2004; John Files, “Gay Ex-Officers Say ‘Don’t Ask’ Doesn’t Work,” New York Times, December 10, 2003; Symons, Ask Not.
31. Author interviews with anonymous, various dates.
32. Ibid.; author interview with Finkenbinder.
33. Author interview with anonymous, 2004.
34. Author interviews with anonymous.
35. Author interview with Finkenbinder.
36. Author interview with anonymous.
37. Author interview with Finkenbinder.
38. Author interview with anonymous.
39. Ibid.
40. Author interview with Rooke.
41. Author interview with Finkenbinder; author interview with anonymous.
42. Author interviews with an
onymous.
43. USC, Sec. 654, “Policy Concerning Homosexuality in the Armed Forces”; Les Aspin, “Policy on Homosexual Conduct in the Armed Forces, Memorandum for the Secretary of the Army, Secretary of the Navy, Secretary of the Air Force, Chairman, Joint Chiefs of Staff,” Office of the Secretary of Defense, Weekly Compilation of Presidential Documents, vol. 29, July 19, 1993; author interviews with anonymous, 2004, 2008.
44. Jim Drinkard, “Gay-Rights Backers Not That Harsh on McCain,” USA Today, January 19, 2000.
9. BRAIN DRAIN: ARABIC LINGUISTS
1. Walter Pincus and Dana Priest, “Sept. 10 Messages Spoke of ‘Zero Hour,’ ” Toronto Star, June 20, 2002.
2. Nahal Toosi, “Try Saying It in Arabic,” Milwaukee Journal Sentinel, February 20, 2005; Paul Simon, “Beef Up the Country’s Foreign Language Skills,” Washington Post, October 23, 2001.
3. Alison Mitchell, “Intelligence Activities: House Panel Calls for ‘Cultural Revolution’ in F.B.I. and C.I.A.,” New York Times, October 3, 2001; Ahmed Rashid, “CIA Tries to Recruit Native Speakers by Email,” Daily Telegraph (London), September 29, 2001.
4. Council on Foreign Relations, “America—Still Unprepared, Still in Danger,” report, October 2002; Alex Berenson, “The World: Arms and Aims; the Art of War vs. the Craft of Occupation,” New York Times, November 2, 2003.
5. “Foreign Languages: Human Capital Approach Needed to Correct Staffing and Proficiency Shortfalls,” U.S. General Accounting Office (GAO), January 2002.
6. Rajiv Chandrasekaran, “Attack on Bridge Part of Perilous Routine for Troops,” Washington Post, July 9, 2003; David Ignatius, “Tongue-Tied in the Arab World,” Washington Post, July 11, 2003.
7. Ann Scott Tyson, “Uzbek or Dari? Military Learns New Tongues,” Christian Science Monitor, January 2, 2004; National Commission on Terrorist Attacks upon the United States, The 9/11 Commission Report (New York: W. W. Norton, 2004); Chuck McCutcheon, “Calls for Reform of Spy Agencies Echo Past Efforts,” Times-Picayune (New Orleans), July 25, 2004; Pentagon Advisory Panel reported in St. Louis Post-Dispatch, December 13, 2004; Justice Department Inspector General Report cited in Washington Post, September 28, 2004.
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