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TABLE OF CONTENTS
A. Statutes and Regulations
1. Selected State And Federal Statutes
Sec. 601 of the Family and Medical Leave Act of 1993, (Title VI - Sense of Congress), Pub.L. 103-03, 107 Stat. 28.
Section 571 of the National Defense Authorization Act for Fiscal Year 1994, (Subtitle G - Other Matters), Pub.L. 103-160, 107 Stat. 1547(codified at 10 U.S.C. sec. 654 (1993)).
10 U.S.C. sec. 801-946 (1988) (the Uniform Code of Military Justice).
District of Columbia Code, sec. 22-3502, Sodomy. (1981) Repealed by D.C. Act 10-23 (D.C. Code 1994 Supp.).
Georgia Code, sec. 16-6-2, Sodomy; aggravated sodomy. (1984).
Virginia Code, sec. 18.2-361, Crimes against nature. (1988).
2. Federal Regulations
Exec. Order No. 9981, 3 C.F.R. sec. 722 (1943-1948).
32 C.F.R. Ch. 1, Part 41, ("Enlisted Personnel Separations") (July 1, 1993 Edition) [Note: These regulations include "Appendix A: Standards and Procedures," cited as "Separation Regulations." The Separation Regulations include, in turn, Part 1 ("Reasons for Separation"), Part 2 ("Guidelines for Separation and Characterization"), and Part 3 ("Procedures for Separation"). Only a portion of Part 2 was revised in 1993, i.e. subpart H, "Homosexuality." Subpart H codifies DODD 1332.14 (Jan 28,1982) and DODD 1332.30 (Feb. 12, 1986).].
3. Department Of Defense Instructions and Directives (DODD)
Instruction Number 1332.30 (Dec. 11, 2008 & Mar. 29, 2010)
Instruction Number 1332.14 (Aug. 28, 2008 & Mar. 29, 2010)
Instruction Number 5106.05 (Jul. 14, 2006)
Instruction Number 1304.26 (Sep. 20, 2005 & Jul. 11, 2007)
Instruction Number 1205.21 (Sep. 20, 1999)DODD 1304.26. Qualification Standards for Enlistment, Appointment, and Induction
February 5, 1994 version - Full Text
Attachments:
Enclosure 2 of DODD1304.26. Qualification Standards for Enlistment, Appointment, and Induction.
Attachment. "Applicant Briefing Item on Separation Policy."
Attachment. "Restrictions on Personal Conduct in the Armed Forces."
DODD 1332.14. "Enlisted Administrative Separations."
January 28, 1982 version - Extracts
December 21, 1993 version - Full Text [in HTML format. Note: December 21, 1993 version includes Enclosure 4-l. "Guidelines for Fact-Finding Inquiries into Homosexual Conduct."]
DODD 1332.30 "Separation of Regular Commissioned Officers For Cause."
Undated Version - Full Text
February 12, 1986 version - Extracts
March 14, 1997 version - Full Text
4. Department Of Defense Instructions (DODI)
DODI 5505.3. Initiation of Investigations by Military Investigative Organizations. (July 11, 1986).
DODI 5505.8. Investigations of Sexual Misconduct by the Defense Criminal Investigative Organizations and Other DOD Law Enforcement Organizations. (Feb. 5, 1994).
Attachments to DODI 5505.8:
"Synopsis of Procedures for Criminal Investigations of Adult Private Consensual Sexual Misconduct."
5. Amy Regulations, Etc.
Army Reg. 635.89
Army Reg. 635-100
Army Reg. 135-178, Chap. 7-5b(6).
Army Reg. 635-200
Interim Change 102 (Headquarters, Department of the Army, Nov. 28,1980).
Army Reg. 635-212
Change No. 8 (Jan. 21, 1970).
Army Reg. 600-443
6. Navy Instructions, Etc.
Navy Personnel Command: Enlisted Separations [PERS-832 et seq.] (2011)
Administrative Message 137/10 (Mar. 25, 2010)
Administrative Message 025/10 (Mar. 25, 2010)
Administrative Message 094/00 (Feb. 16, 2000)
Administrative Message 291/99 (Oct. 1999)
SECNAV Instruction 1920.6A (November 21, 1983)
7. Marine Instructions
MARADMIN 387/11 (Jul. 12, 2011) (in pertinent part: "Until futher notice, commanders will not enforce Don't Ask Don't Tell...." )
MARADMIN 607/10 (Oct. 22, 2010)
MARADMIN 598/10 (Oct. 20, 2010)
MARADMIN 242/10 (Apr. 23, 2010)
MARADMIN 184/10 (Mar. 30, 2010)
MARADMIN 451/02 (Aug. 22, 2002)
MARADMIN 259/02 (May 9, 2002)
8. Air Force Instructions
Air Force Instruction (AFI) 36-3208 (Jul. 9, 2004 & Sep. 14, 2010)
Air Force Guidance Memorandum to AFI 36-3206 (Apr. 13, 2011)
B. Executive Materials
1. White House
"The President's News Conference" and "Memorandum on Ending Discrimination in the Armed Forces." Weekly Compilation of Presidential Documents, vol. 29 (Jan. 29, 1993): pp. 108-112.
"White House Statement on Policy Regarding Homosexuals in the Military." Statement released January 29, 1993. Statement may be found in 'On Watch: Newsletter of the National Lawyers Guild Military Law Task Force,' vol. 15 (Mar. 1993): p. 2.
"White House Background Briefing Concerning the Issue of Gays in the Military" (July 16, 1993).
"Remarks Announcing the New Policy on Gays and Lesbians in the Military." Weekly Compilation of Presidential Documents, vol. 29 (July 19, 1993): pp. 1369-73 [cited as the "Fort McNair speech"].
2. Department of Justice
Reno, Janet. "Memorandum for the President: Defensibility of the New Policy on Homosexual Conduct in the Armed Forces." July 19, 1993.
3. Department of Defense
Rudy de Leon. "Memorandum for Secretaries of the Military Departments, Chairman of the Joint Chiefs of Staff, Inspector General of the Department of Defense" (SUBJECT: Guidelines for Investigating Threats Against or Harassment of Service Members Based on Alleged Homosexuality) (August 12, 1999) [HTML Format].
Rudy de Leon. "Memorandum for Secretaries of the Military Departments" (SUBJECT: Implementation of Recommendations Concerning Homosexual Conduct Policy) (August 12, 1999) [HTML Format].
Edwin Dorn. "Memorandum for Secretaries of the Military Departments, Chairman of the Joint Chiefs of Staff, Inspector General of the Department of Defense" (SUBJECT: Guidelines for Investigating Threats Against Service Members Based on Alleged Homosexuality) (March 24, 1997) [HTML Format].
"Department of Defense Regular Briefing" (May 10, 1993) (Federal News Service transcript).
Office of the Secretary of Defense, "Summary Report of the Military Working Group" (July 1, 1993).
"Policy on Homosexual Conduct in the Armed Forces," Memorandum from Secretary of Defense Les Aspin to the Secretaries of the Army, Navy, and Air Force, and to the Chairman of the Joint Chiefs of Staff (July 19, 1993). [Note: poor quality image]
"Policy Guidelines on Homosexual Conduct in the Armed Forces," attachment to New DOD Policy. [Note: poor quality image]
"Sexual Orientation and U.S. Military Personnel Policy: Options and Assessment." National Defense Research Institute (RAND), MR-323-OSP, 1993
Executive Summary (9 pages).
Briefing Armed Forces Applicants, issued by Assistant Secretary of Defense Edwin Dorn, n.d., n-p.
Memorandum of Judith A. Miller, General Counsel for the Department of Defense, for the General Counsels of the Military Departments, Re: Policy on Homosexual Conduct in the Armed Forces (Aug. 18 1995).
4. General Accounting Office
Homosexuals in the Military: Policies and Practices of Foreign Countries. Report to the Honorable John W. Warner, U.S. Senate. (June 1993).
C. Congressional Materials
Senate Debate regarding Amendment 17 to the Family and Medical Leave Act of 1994 (Ban on Homosexuals in the Military), Senate Hearings on the Family and Medical Leave Act of 1994. 139 Congressional Record, S1262; daily ed. Feb. 4, 1993. [HTML format. Note: 1,022KB. Due to the large size of this document it may take time to download.].
Senate Debate regarding Homosexuals in the Military. 139 Congressional Record S7603; daily ed. June 22, 1993.
Excerpts from the House Debate regarding the National Defense Authorization Act for Fiscal Year 1994. 139 Congressional Record, H7065; daily ed. September 28, 1993. [HTML format].
Excerpts from the Senate Debate regarding the National Defense Authorization Act for Fiscal Year 1994. 139 Congressional Record, S11168 and S11180; daily ed. September 9, 1993 [HTML format].
Additional Views of Mr. Kennedy. Excerpted from the Senate Debate regarding the National Defense Authorization Act for Fiscal Year 1994. 139 Congressional Record, S11194; daily ed. September 9, 1993 [HTML format].
"Policy Concerning Homosexuality in the Armed Forces," Hearings before the Committee on Armed Services, U.S. Senate, 103d Congress, 2d Sess. (1993) (Mar. 29, 31; Apr. 29; May 7, 10, 11, July 20, 21, 22 1993 hearings).
Table of Contents with Chronological List of Witnesses
Excerpts from hearings of:
March 29, 1993 (Historical and Legal Background)
March 31, 1993 (Role of Unit Cohesion and Developing Combat Effectiveness)
April 29, 1993 (Experience in Foreign Countries)
May 7, 1993 (Testimony from Members of the Senate)
May 10, 1993 (Testimony from Military Members)
May 11, 1993 (Testimony from Current and Former Members of the Military Services)
July 20, 1993 (DOD Policy on Homosexuality in the Armed Forces)
July 21, 1993 (DOD Policy on Homosexuality in the Armed Forces Continued)
July 22, 1993 (DOD Policy on Homosexuality in the Armed Forces Continued)"News Conference on Opposition to `Don't Ask, Don't Tell' Policy for Gays in the Military." (July 16, 1993).
"Gays and Lesbians in the Armed Forces," 139 Congressional Record, S8876-S8877; daily ed., July 16, 1993.
"Statement for Release by Senator Sam Nunn, Chairman, Senate Armed Services Committee." (July 19, 1993).
"Capitol Hill Hearing Of The Republican Research Committee's Task Force On Military Personnel Subject: Proposal To End The Ban On Gays In The Military." (February 4, 1993).
"Capitol Hill Hearing with Defense Department Personnel: Hearing of the Senate Armed Services Committee" (July 20, 1993).
"Statement by Secretary of Defense Les Aspin Before the House Committee on Armed Services" (July 21, 1993) [cited as the "Aspin Statement"].
D. Military Branch Miscellaneous Materials
1. Air Force
Department of the Air Force, Headquarters USAF/JAG, Memorandum for all Staff Judge Advocates and Military Judges, Re: Commander Inquiries on Members Stating They are Homosexual, Nov. 3, 1993 ("Air Force JAG Memo"). [This document has been reformatted].
Air Force JAG Memo, attachment 1, "Tips for Inquiry Officers of Cases Involving Members Who State They Are Homosexual." [This document has been reformatted].
Air Force JAG Memo, attachment 2, "Sample Questions for Inquiry Concerning Member who States He is Homosexual After Receiving Advanced Education Benefits." [This document has been reformatted].
2. Army
Commander's Inquiry, Sgt. Steven Spencer, pp. l-2 (attachment to Able Complaint).
3. Marine Corps
4. Navy
Memorandum of Department of the Navy Code 34 Re: Homosexual Administrative Discharge Board/Show Cause Hearings, June 1994 [This document has been reformatted].
Memorandum re: Enlistment of Men of Colored Race, January, 1942 [Note: poor quality image]
All regulations are in PDF format, unless indicated otherwise.
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This page last revised: July 13, 2011
