{
  "id": "R42003",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R42003",
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  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
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      "source": "EveryCRSReport.com",
      "id": 415553,
      "date": "2012-12-21",
      "retrieved": "2016-04-06T23:45:26.258244",
      "title": "The Repeal of \u201cDon\u2019t Ask, Don\u2019t Tell\u201d: Issues for Congress",
      "summary": "On December 22, 2010, President Obama signed P.L. 111-321 into law. It called for the repeal of the existing law (Title 10, United States Code, \u00a7654) barring open homosexuality in the military by prescribing a series of steps that must take place before repeal occurs. One step was fulfilled on July 22, 2011, when the President signed the certification of the process ending the Don\u2019t Ask, Don\u2019t Tell policy, which was repealed on September 20, 2011. However, in repealing the law and the so-called \u201cDon\u2019t Ask, Don\u2019t Tell\u201d policy, a number of issues have been raised, but were not addressed by P.L. 111-321. This report considers issues that Congress may wish to consider regarding matters arising as a result of the repeal of \u00a7654. \nUnder the Constitution, Congress has the authority for making \u201crules for the government and regulation\u201d of the military services. It has been suggested that Congress could hold hearings concerning such matters as the anticipated changes in other laws regarding military benefits, for example.\nIssues for consideration include, but are not limited to, congressional oversight of the repeal process, differences in benefits and privileges some individuals may experience (especially differences created under the Defense of Marriage Act), changes involving sodomy prohibitions, and efforts by some to expand the repeal to include transgender individuals.\nCertain military benefits and privileges are extended to spouses as defined by law. Under the Defense of Marriage Act, the federal government recognizes marriage as the union of one man and one woman. However, certain states recognize same-sex marriages. Thus, it is possible for a same-sex couple to be legally married but not eligible for certain military benefits and privileges.\nLaws prohibiting sodomy (defined as \u201cunnatural carnal copulation\u201d) in the military context have varied over time. There existed proposed language in the Senate version of the National Defense Authorization Act in the 112th Congress that would remove sodomy from the Uniformed Code of Military Justice, effectively decriminalizing sodomy. Similar language did not exist in the House version. This language was not included in the final law. Instead, use of the term \u201cforced\u201d sodomy has been cited suggesting violations involving \u201cconsensual\u201d sodomy will not be enforced.\nThe repeal of the ban on homosexual behavior has encouraged some to expand efforts to end discrimination against transgender individuals. Based on military fitness policies, individuals who have a history of mental disorders that, in the opinion of the medical examiner, would interfere with or prevent satisfactory performance of military duties are not allowed to serve. Among the disorders cited are \u201csexual and gender identity disorders.\u201d (These disorders are listed in the International Classification of Diseases, 9th Revision, Clinical Modification or ICD-9-CM, 302.) At one time, homosexuality was listed as a psychiatric disorder, but this was removed from the Diagnostic and Statistical Manual (DSM) in 1973. Some have argued that other \u201cgender disorders\u201d should also be removed. Along these lines, advocates believe it is unfair for the military to continue to discriminate against these individuals. Others, however, believe that until the DSM and ICD-9-CM are changed, such individuals should continue to be barred from serving.",
      "type": "CRS Report",
      "typeId": "REPORTS",
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      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc83983/",
      "id": "R42003_2012Apr05",
      "date": "2012-04-05",
      "retrieved": "2012-04-27T15:49:45",
      "title": "The Repeal of \"Don't Ask, Don't Tell\": Issues for Congress",
      "summary": "On December 22, 2010, President Obama signed into law legislation calling for the repeal of the existing law barring open homosexuality in the military by prescribing a series of steps that must take place before repeal occurs. One step was fulfilled on July 22, 2011, when the President signed the certification of the process ending the Don't Ask, Don't Tell policy, which was repealed on September 20, 2011. This report considers issues that Congress may wish to consider as the repeal process proceeds.",
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      "topics": [
        {
          "source": "LIV",
          "id": "Civil rights",
          "name": "Civil rights"
        },
        {
          "source": "LIV",
          "id": "Defense policy",
          "name": "Defense policy"
        },
        {
          "source": "LIV",
          "id": "Sex discrimination in the military",
          "name": "Sex discrimination in the military"
        },
        {
          "source": "LIV",
          "id": "Gays",
          "name": "Gays"
        },
        {
          "source": "LIV",
          "id": "Gay rights",
          "name": "Gay rights"
        },
        {
          "source": "LIV",
          "id": "Homosexuality",
          "name": "Homosexuality"
        },
        {
          "source": "LIV",
          "id": "Military personnel",
          "name": "Military personnel"
        },
        {
          "source": "LIV",
          "id": "Gay military personnel",
          "name": "Gay military personnel"
        },
        {
          "source": "LIV",
          "id": "Sex discrimination",
          "name": "Sex discrimination"
        },
        {
          "source": "LIV",
          "id": "Sexual orientation",
          "name": "Sexual orientation"
        }
      ]
    }
  ],
  "topics": [
    "National Defense"
  ]
}