STRANGE HISTORY OF DON'T ASK, DON'T TELL, THE (TV)

Summary

A documentary film about the United States military’s former official policy of the avoidance of discussions of sexual orientation of its members.

The film was started two years prior to the repeal of the “Don’t Ask, Don’t Tell” policy, which forbade United States military officers from openly discussing their sexual orientation but barred openly gay, lesbian, or bisexual persons from service. It is estimated that over 60,000 members of the armed forces are homosexual, openly or otherwise, and over a million veterans are gay as well. Senate committee hearings on February 2nd, 2010 host a debate on the viability of “Don’t Ask, Don’t Tell.” The history of homosexuals in the military is examined, even as far back as the American Revolution, when Baron Friedrich Wilhelm von Steuben, a homosexual Prussian military captain, wrote a drill manual which was “critical” in the success of American troops in engagements. The first official ban on homosexuals in the military in the United States came during World War II owing to the prevailing school of thought at the time viewing homosexuality as psychologically compromising; an excess of “effeminacy” was cited as the reason for rejection in many cases. Despite their efforts, many gay men enlisted and found a haven for their sexual identity in the company of other gay soldiers. In 1945 after the war ended, the military attempted to give homosexual soldiers a “blue discharge,” i.e. discharging them on account of mental illness. Gay soldiers were shipped off to ports en masse, which inadvertently served as a factor in the creation of major gay communities in those cities, such as in San Francisco and New York City.

The first gay rights demonstration in the United States occurred in 1964, targeted specifically targeted at the military’s gay ban. By 1968, legal challenges to the gay ban became increasingly common and in 1975 Sergeant Leonard Matlovich, a highly decorated Vietnam War veteran, famously came out and challenged the law, and was issued a general discharge. His attempt serves as an inspiration to many homosexual soldiers, and galvanizes a renewed gay rights movement. In 1980, Matlovich wins his five-year battle to be reinstated into the military, and he dies in 1988. On February 5th, 2010, a wreath is placed on Matlovich’s grave and he and all deceased homosexual soldiers are given an honorable service. His legal victory inspires numerous other homosexual soldiers to seek similar victories. However, misinformation and homophobia persists even into the 1990’s. On a June 26th, 1992 televised town hall meeting, then-presidential candidate Bill Clinton receives a question from Margarethe Cammermeyer, a former Washington National Guard colonel discharged for being a lesbian, who promises to do something about the military’s gay ban. Clinton is inaugurated on January 20th, 1993, and tries to make good on his promise with an executive order, but faces a great deal of resistance from conservative legislators, top military officials, and religious groups.

In May of 1993, the Senate holds committee hearings on the gay ban, with opposition led by Senator Sam Nunn. Proponents of acceptance of gays in the military try to compare it to the desegregation of races decades earlier, but the military and Colin Powell in particular denies this analogy. Misinformation and untrue assumptions about homosexuals in the military pervade these hearings and stymie any possible progress. One factor which is often cited as a reason to uphold the gay ban is the possible effects of homosexual members on “unit cohesion,” which ends up being largely meaningless. Ultimately it is concern about prejudice among military members which spurs this line of reasoning, which opponents of the gay ban find to be lacking in substance. Prior to the senate hearings, the Pentagon conducts several studies about gays in the military and in July 1993, one of them concludes that “homosexuals can be successfully integrate” into military operations. It is by no means the first study of this type: the Perserec Report in 1989, which was supposedly being covered up by the military until it was leaked, stated that the ban on homosexuality is illogical. A much earlier study, the Crittenden Report of 1957, is the first known study of sexual orientation in the armed forces, and stated that homosexuals presented no appreciable risk to the military. Despite these findings, the military dubs all of these studies classified in order to uphold its traditions.

Although these classified reports are not allowed to be used in the senate hearings, discharged homosexual soldiers are permitted to testify. Cammermeyer is among them, and recounts that the experience was “extremely humiliating” when she was faced with staunch resistance from the committee. On May 10th, 1993, Senator Nunn and several other legislators visit Norfolk Naval Base to get the navy’s perspective on the matter. The armed forces members they speak with reinforce their view that the ban should be upheld. The hearings continue for five months until President Clinton agrees to a compromise in the form of the “Don’t Ask, Don’t Tell” policy. At a press conference held at Fort McNair in Washington D.C. on July 19th, 1993, President Clinton announces that soldiers will be judged by their “conduct, not their sexual orientation,” and that the military will not ask applicants about their sexual orientation; they are expected to be able to serve as long as this information is not revealed. This compromise makes it illegal for soldiers to be openly gay in the military, but the solution proves to be inherently flawed. Servicemen and women are asked constantly about their private lives by their fellow squad members officially or otherwise, and feel increasingly alienated and isolated from their comrades. Many homosexual soldiers live in constant fear of being discovered and take extensive steps to hide their personal lives from others.

Weeks after “Don’t Ask, Don’t Tell” is passed, a group of pro-bono lawyers form the Servicemembers Legal Defense Network (SLDN), created to oppose the policy and stand up for the rights of homosexual military officers. Almost immediately the SLDN is inundated with calls from servicemen and women looking for assistance. It becomes clear soon that military officials take the opportunity to conduct investigations on servicemembers to determine their sexual orientation as a means of circumventing “Don’t Ask, Don’t Tell.” The SLDN does its best to attend to the arduous task of combating “Don’t Ask, Don’t Tell,” receiving reports of soldiers being outed by various sources, such as psychiatrists, parents, friends, and other means. Despite the intention of the “Don’t Ask, Don’t Tell” policy to end discrimination and “witch hunts,” it instead encourages further discrimination and leads to much greater rates of discharge for homosexual soldiers. The law proves to be more complex than anticipated, and soldiers find that its definitions of evidence of homosexual conduct are ill-defined and easily manipulated. There also exists what is called the “Queen for a Day” policy, which muddles the issue further by allowing soldiers caught in homosexual acts but proven to be non-homosexual to avoid discharge.

The policy takes a tragic turn on July 5th, 1999, when PFC Barry Winchell is beaten to death by other soldiers following a long period of anti-gay harassment. He was afraid to report the harassment to his commanding officer since he felt they might mistake him for homosexual and discharge him from the military. This is emblematic of the common problem that there are no reliable authority figures or people to turn to for this sort of dilemma. On January 20th, 2001, George W. Bush is inaugurated as President, and states that he is wholeheartedly in favor of “Don’t Ask, Don’t Tell.” The militaries of many other countries allow homosexuals to serve in their militaries openly. In late 1999 the European Union convinces several major European powers such as Great Britain and France to allow homosexuals to serve. In 2002, a news story comes out reporting on the discharge of homosexual army linguists in the last decade, which may have been a contributing factor to the failure to decipher key terrorism-related information prior to the September 11th, 2001 attack on the World Trade Center. The story puts a much more dire perspective on the problem of homosexuals being discharged from the military, especially in light of fears of a nuclear attack from organizations such as Al-Qaeda.

By 2003, enforcement of “Don’t Ask, Don’t Tell” changes and the discharge rates fall dramatically. Military commanders, facing a desperate need for units to fight multiple wars in the Middle East, often choose to ignore the policy and deploy homosexual units in missions. Recruitment policies change and persons such as convicted felons are issued “moral waivers” as an incentive to join. Over 100,000 moral waivers are issued between 2003 and 2006. Some of the felons brought in by moral waivers prove to be harmful to the army, such as the case of one man imprisoned on misdemeanor convictions who while in Iraq committed horrific acts of rape and murder on innocent civilians and was promptly sent back to prison. Homosexual soldiers feel that the “Don’t Ask, Don’t Tell” policy undermines the army’s inherent dedication to “honor, courage, and commitment,” basic tenets which are taught to all incoming officers, as it forces them to hide their identities in a dishonorable fashion.

Former army major Mike Almy recounts his experiences in Iraq when his personal emails to his family were searched and a few are found which indicates his homosexuality. He recalls being called before his commanding officer and immediately relieved of duty and escorted out of the base. In 2006, Patrick Murphy becomes the first Iraq veteran to be elected to Congress as a representative of Pennsylvania. His primary focus in politics is the repeal of “Don’t Ask, Don’t Tell,” as he believes that all men and women should be able to serve their country without discrimination. He finds support from the SLDN, and they and other supporters constantly lobby Congress to repeal the policy. The House of Representatives holds a hearing in 2008 about the policy, and Murphy argues his case there. In June 2007, news reports come out about the military’s proposal for a “gay bomb,” i.e. a means of somehow causing enemy troops to become homosexual, likely through some chemical induction. The proposal is derided for its “silliness” and serves as evidence of what many people believe is ignorance about issues surrounding sexual orientation in the military and government.

SLDN decides to enlist the aid of discharged homosexual soldiers to give the public a more accurate perspective on homosexuals in the military. One example comes in the form of Victor Fehrenbach, a retired highly decorated Lieutenant Colonel and one of the highest-ranking officers investigated under “Don’t Ask, Don’t Tell.” His career in the Air Force spans over eighteen years and he served in one of the first alert crews flying over Washington D.C. during the September 11th, 2001 attacks. On May 16th, 2008 he was informed that the Air Force was launching an investigation on him and that it was likely that he would be thrown out. Fehrenbach is honored at the March 2010 SLDN Awards Ceremony, where he recounts how he decided to go on national television to reveal his sexual orientation and talk about how he was treated by the Air Force. Stories like Fehrenbach’s and Almy’s prove to be influential in swaying public opinion against “Don’t Ask, Don’t Tell.” Over 13,000 soldiers are discharged since 1993 and an additional 4,000 per year resign rather than be exposed. The 2008 presidential election makes homosexuals in the military an issue once again for both candidates; Barack Obama believes the policy is nonsensical but John McCain supports it.

Obama wins the election and is inaugurated on January 20th, 2009, restating his commitment to repeal “Don’t Ask, Don’t Tell.” In private meetings with his cabinet, Obama refers to it as “Un-American” and works with supporters in Congress, including Murphy, towards its dissolution. Despite his conviction, the Senate proves to be reluctant to grant its support to the proposal. However, the SLDN is more optimistic due to the increased presence and effectiveness of gay rights organizations in Washington, D.C. On March 20th, 2009, United States Army Lieutenant Dan Choi outs himself on national television in order to discuss the issues surrounding “Don’t Ask, Don’t Tell.” He meets with Senator Kirsten Gillibrand, who is inspired by his story to write a bill repealing “Don’t Ask, Don’t Tell.” She fails to garner enough votes to have it pass, but only by a small margin, and she decides to seek assistance from the military itself. She manages to get the issue raised enough to start what would eventually become the February 2010 hearings. These efforts fail to suspend the discharges of homosexual soldiers but in October 2009, a scholarly journal written for the Joint Chiefs of Staff concludes that there is no adverse effect to allowing homosexuals to serve alongside heterosexuals in the military.

The February hearings commence, and Admiral Michael Mullen, Chairman of the Joint Chiefs of Staff, testifies that he personally believes that allowing homosexuals to serve in the military is “the right thing to do.” His testimony proves to be among the most powerful at the hearings, and the question to consider is not whether to repeal the policy but how to go about doing so. Reviews of the policy are immediately commissioned, but Senator John McCain voices resistance to the repeal and produces a petition signed by one thousand former officers speaking out against the repeal, although it is pointed out that most of the signatures are from extremely elderly ex-officers. He points out that Congress would still have to repeal the policy before any action could be taken, but progress to repeal the law continues unimpeded. A high-level working group is assigned to conduct a study to determine how the repeal would affect the armed forces. An unprecedentedly massive survey is conducted across the military to ascertain reactions from service members, sparking public discussions of the issue for the first time. The survey includes questions about privacy and several about the issue of shared showering facilities.

A challenge of the survey is finding a way for homosexuals to participate without violating the existing law. In July 2010, a group of homosexual servicemembers form the online community “Outserve” as a platform with which to tell their stories without violating the law. This is accomplished via a hidden Facebook group with a stringent acceptance policy. “Outserve” membership quickly grows to over 3,000 and they work to have their opinions incorporated into the Pentagon study. Spring of 2010 sees a great deal of support for the repeal of “Don’t Ask, Don’t Tell,” and on May 27th, 2010, the House of Representatives holds a vote on the matter, and they vote in favor of the repeal 234 to 194. However, the Senate vote on September 21st, 2010 inhibits progress by voting against the repeal 56 to 43; McCain spearheads the effort to block the bill. The November 2010 midterm election results in a Republican victory in Congress, further stymying progress. Murphy is one of the Democrats who loses seats in the election, but does not give up hope. A federal district judge in southern California rules “Don’t Ask, Don’t Tell” to be unconstitutional, and on November 30th, 2010, the SLDN office receives the Pentagon’s survey results, which favors repeal. Military leaders present these findings before Congress at a Senate hearing on December 2nd, 2010. However, McCain objects again by asking why the survey did not directly ask whether the soldiers surveyed wanted “Don’t Ask, Don’t Tell” to be repealed. This prompts a debate, and McCain leaves in the middle of the hearing.

The Senate puts the matter to a vote again on December 9th, 2010, but it falls three votes short of advancing. Aubrey Sarvis, president of SLDN, is undaunted and continues to try to puzzle out how to get the necessary votes to move the repeal forward in the few days before the Congress seats realign to the newly-elected Republican seats. His solution is to draft a standalone bill to be voted on immediately by the House and Senate, working with Senator Joe Lieberman and Murphy on it. The bill is put to a vote in the final session before the 2010 holiday recess, on December 15th. The House of Representatives passes the bill by a vote of 250 to 175, and on December 18th the bill is put before the Senate and Senators debate it vigorously before voting: the motion is passed by a vote of 65 to 31. The SLDN and its supporters celebrate this occasion, and Murphy is congratulated for his efforts by President Obama himself. President Obama signs the act to repeal “Don’t Ask, Don’t Tell” at a ceremony held on December 22nd, 2010, and the policy is officially repealed on September 20th, 2011, thus allowing homosexuals to openly serve in the United States military.

Details

• NETWORK: HBO
• DATE: 8:00 PM
• RUNNING TIME: 1:19:30
• COLOR/B&W: Color
• CATALOG ID: 116785
• GENRE: Public affairs/documentaries
• SUBJECT HEADING: LGBT Collection; Public affairs/documentaries
• SERIES RUN: HBO - TV, 2011
• COMMERCIALS: N/A

CREDITS

• Sheila Nevins … Executive Producer
• Jacqueline Glover … Supervising Producer
• Fenton Bailey … Producer, Director
• Robert Barbato … Producer, Director
• Gabriel Rotello … Producer
• Mona Card … Producer
• Gary Wortman … Field Producer
• John Blair … Associate Producer
• Peter Coogan … Researcher
• Michael Dolan … Researcher
• David Benjamin Steinberg … Music by
• Sandro Morales … Music by
• John Blair … Narrator
• Adam Feuerberg … Narrator
• Drew Forni … Narrator
• Elizabeth Martinez … Narrator
• Nathaniel Frank … Interviewee
• Aaron Belkin … Interviewee
• Alan Steinman … Interviewee
• Gore Vidal … Interviewee
• C. Dixon Osburn … Interviewee
• Lawrence Korb … Interviewee
• Margarethe Cammermeyer … Interviewee
• Barney Frank … Interviewee
• Joe Steffan … Interviewee
• Joe Lieberman … Interviewee
• Emily Hecht … Interviewee
• Aubrey Sarvis … Interviewee
• Alex Nicholson … Interviewee
• Patrick Murphy … Interviewee
• Mike Almy … Interviewee
• Victor Fehrenbach … Interviewee
• Dan Choi … Interviewee
• Kirsten Gillibrand … Interviewee
• Carl Levin … Interviewee
• Joe Sestak … Interviewee
• Jeh Johnson … Interviewee
• David Hall … Interviewee
• Evan Bayh
• George W. Bush
• Dick Cheney
• Bill Clinton
• Dan Coates
• Robert Gates
• Lindsey Graham
• Phil Gramm
• John Hutson
• Leonard Matlovich
• John McCain
• Claire McCaskill
• Charlie Moskos
• Michael Mullen
• Sam Nunn
• Barack Obama
• Fred Peck
• Colin Powell
• Norman Schwarzkopf
• Tracy Thorne
• Strom Thurmond
• John Warner
• Barry Winchell
• Friedrich Wilhelm von Steuben