BILL ANALYSIS
SENATE COMMITTEE ON VETERANS AFFAIRS
JEFF DENHAM, CHAIRMAN
Bill No: SJR 9
Author: Kehoe
Version: As Introduced
Hearing Date: June 23, 2009
Fiscal: No
Consultant: Donald E. Wilson
SUBJECT OF BILL
"Don't ask, don't tell" policy.
PROPOSED LAW
This resolution endorses H.R. 1283 of 2009, which requests
the President and Congress to repeal the "Don't ask, don't
tell" policy regarding the United States Armed Forces.
EXISTING LAW AND BACKGROUND
1. Traditionally homosexuality has been a reason for
discharge from the military services.
2. In 1994 then-President Bill Clinton was looking for
a compromise position between what he had campaigned
on in regards to homosexuality and what he knew would
be unpopular with the general public and the military.
3. The result of this compromise in regards to the
military was a policy of "Don't ask, don't tell." If
the military did not ask if a service member or
potential recruit was homosexual, then the individual
had no need to tell.
4. SJR 11 of 2005 and SJR 6 of 2007 were similar
measures and both were passed by the legislature.
5. The policy has been twice appealed, including this
year, to the United States' Supreme Court. Both times
the court has refused to hear the appeal.
COMMENT
1. The debate surrounding the inclusion of homosexuals
in the military has always centered on the subject of
unit cohesion which affects unit readiness.
2. Critics of the policy maintain that "sexual
orientation diversity causes no detriment to unit
cohesion" and that if anything, the Armed Forces are
harmed by the discharge of otherwise qualified
personnel.
3. The question of unit cohesion is apparently still a
divisive question. When this policy was appealed to
the United States' Supreme Court, President Obama's
administration maintained that the policy was
"rationally related to the government's legitimate
interest in military discipline and cohesion."
http://news.aol.com/article/supreme-court-gays-military/518157
4. In fact, according to the Associated Press (June
18, 2009): "Obama has refused to take any concrete
steps toward a repeal of a policy that bans gays and
lesbians from serving openly in the military, even
though as a candidate he pledged to scrap the
Clinton-era rules."
5. Some have maintained that the court decision means
the ball is back in Congress's court and up to
Congress to change, hence this resolution.
6. The author points out that other industrialized
countries like "Australia, Canada, Germany, Israel,
and the UK" do not have any restrictions regarding
this subject.
7. The Urban Institute estimates that 36,000 active
duty military personnel are homosexual and with guard
and reserve numbers that the number grows to 56,000.
http://www.urban.org/publications/411069.html
SUPPORT
Equality California (Sponsor)
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Alexander Hamilton American Legion Post 448
National Center for Lesbian Rights
Transgender Law Center
San Diego LGBT Community Center
OPPOSE
None received
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