Responses to Law Processes Course, law homework help

Respond to each post separetely:

POST 1:

“Don’t Ask, Don’t Tell” was a policy that allowed the military to discharge any openly homosexual or bisexual servicemen while allowing those who chose to hide their sexuality a means of doing so. Before it was repealed, the DoD conducted several studies and surveys to analyze any potential effects to the repeal, including lowered morale, and a decrease in military readiness. None of the potential effects were a high enough risk to not repeal the act, and in fact allowing for servicemen to be open about their sexuality allows for the potential for higher recruitment.

With the repeal of DADT and the changes made to laws regarding same-sex marriage, one of the things the military had to consider was how to handle these situations on military bases. This was one of many smaller issues that arose from the repeal.

While I feel that some people will choose not to serve in a military where the person in the next bunk might be gay, I don’t think it will have a large impact on recruitment. In fact, by allowing those who refuse to hide their sexuality to serve, you increase the pool of potential recruits.

As someone with a lot of family in the military, including a cousin that had to hide his life choices while he served in the Navy, I see the repeal of DADT as a way to step forward towards eliminating discrimination.

POST 2:

For almost two decades, “Don’t Ask Don’t Tell” law prohibited qualified American citizens who identified as LGBTQ+ from serving in the armed forces. America, sending the message that discrimination was acceptable is now shifted in what many would call the right direction. According to the brief, Log Cabin Republicans – LCR, argued the law “Don’t Ask Don’t Tell” was unconstitutional because is deny citizen the rights to due process of the fifth and first amendment. Because this law extends beyond Government interest, and discharges qualified service members in critically need occupations that create a strong armed forces, it was overturned.

Because of the overturning of the “Don’t Ask, Don’t Tell” Policy, the next question is do we need a new Congressional Policy? Yes. The armed forces operate within its own jurisdiction which could cause service members who openly identify as LGBTQ+ to be subjected to discrimination. Currently as the laws stand, members of the LGBTQ+ community are not protected under laws regarding to hate crimes and limited right when references harassment. For the best interest of the armed forces to remain strong, protecting its qualified service members should be its first priority to adequately serve our country. Congressional Policy should not be use an instrument of discrimination, but as an tool to protect some of our most vulnerable citizens and qualified service members.

Reference:

elkin, A. (2011). “Don’t Ask Don’t Tell.” In Part Two: Topics in LGBT History (pp. 289–294). Retrieved from http://aaronbelkin.org/pdfs/articles/Don%27t%20Ask…