Cammermeyer v. Aspin

Since Cammermeyer the military has adopted a "don't ask, don't tell" (DADT) policy toward homosexuals in the military. The policy was instituted as a result of a compromise between those who wanted to lift the ban on gays in the military and those who wanted to preserve it. President Clinton forced the compromise by bringing the issue to the nation's attention when he pledged to lift the ban after his election in 1992. His proposal was met with considerable resistance by conservatives which resulted in the compromise. Specifically, the new policy prohibits the military from inquiring into the sexual orientation of military personnel without specific cause. However, the policy reserves the right to the military to discharge homosexuals if their behavior undermines military capability--specifically, unit cohisiveness. In Thomasson v. Perry (1996) the federal courts ruled that the DADT policy did not violate an individual's Fifth Amendment equal protection rights or an individual's First Amendment freedom of speech rights. Both gay activists and military traditionalists seem discontented by the compromise policy. However, for the time being the courts and policy makers see it as the only amicable solution.