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 Collection: Congressional Research Service Reports
"Don't Ask, Don't Tell": A Legal Analysis

"Don't Ask, Don't Tell": A Legal Analysis

Date: October 21, 2010
Creator: Feder, Jody
Description: In recent years, several Members of Congress have expressed interest in amending "Don't Ask, Don't Tell," (DADT) a legislation that requires those of homosexual orientation in the military to keep quiet about their orientation in order to maintain "morale, good order and discipline, and unit cohesion." At least two bills that would repeal the law and replace it with a policy of nondiscrimination on the basis of sexual orientation - H.R. 1283 and S. 3065 - have been introduced in the 111th Congress. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT; for a policy analysis, see CRS Report R40782, "Don't Ask, Don't Tell": Military Policy and the Law on Same-Sex Behavior, by David F. Burrelli.
Contributing Partner: UNT Libraries Government Documents Department
"Don't Ask, Don't Tell": A Legal Analysis

"Don't Ask, Don't Tell": A Legal Analysis

Date: November 2, 2010
Creator: Feder, Jody
Description: In recent years, several Members of Congress have expressed interest in amending "Don't Ask, Don't Tell," (DADT) a legislation that requires those of homosexual orientation in the military to keep quiet about their orientation in order to maintain "morale, good order and discipline, and unit cohesion." At least two bills that would repeal the law and replace it with a policy of nondiscrimination on the basis of sexual orientation - H.R. 1283 and S. 3065 - have been introduced in the 111th Congress. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT; for a policy analysis, see CRS Report R40782, "Don't Ask, Don't Tell": Military Policy and the Law on
Contributing Partner: UNT Libraries Government Documents Department
The U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S. Ratification Debate

The U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S. Ratification Debate

Date: November 12, 2010
Creator: Blanchfield, Luisa
Description: The Senate may consider providing its advice and consent to U.S. ratification of the United Nations (U.N.) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, or the Convention) during the 112th Congress. CEDAW is the only international human rights treaty that specifically addresses the rights of women. This report provides an overview of CEDAW's background, objectives, and structure, including the role of the Convention's monitoring body, the CEDAW Committee. It examines U.S. policy and issues in the U.S. ratification debate, including the Convention's possible impact on U.S. sovereignty, its effectiveness in combating discrimination, and its role as an instrument of U.S. foreign policy.
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Religion and the Workplace: Legal Analysis of Title VII of the Civil Rights Act of 1964 as It Applies to Religion and Religious Organizations

Religion and the Workplace: Legal Analysis of Title VII of the Civil Rights Act of 1964 as It Applies to Religion and Religious Organizations

Date: January 20, 2011
Creator: Brougher, Cynthia
Description: This report reviews the scope of Title VII as it applies to religion and religious organizations and the requirements of the anti-discrimination protections and the accommodations provision. It also analyzes the exemptions available to religious organizations for the non-discrimination rules.
Contributing Partner: UNT Libraries Government Documents Department
Military Personnel and Freedom of Religion: Selected Legal Issues

Military Personnel and Freedom of Religion: Selected Legal Issues

Date: February 1, 2011
Creator: Mason, R. Chuck & Brougher, Cynthia
Description: This report provides an overview of the requirements of the First Amendment related to military personnel's religious exercise. It analyzes current constitutional and statutory requirements regarding religious exercise, and provides a framework for how Congress and the courts might consider future issues that arise related to service members' religious exercise. Specifically, the report examines the limitations placed on service members in uniform in the exercise of their religious beliefs. It also examines the role of military chaplains and the legal challenges associated with publicly funding religious personnel. The report analyzes efforts by Congress and the Department of Defense to address the constitutional concerns that are raised by these issues.
Contributing Partner: UNT Libraries Government Documents Department
The U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S. Ratification Debate

The U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S. Ratification Debate

Date: April 15, 2011
Creator: Blanchfield, Luisa
Description: This report provides an overview of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and describes its background, objectives, and structure, including the role of the Convention's monitoring body, the CEDAW Committee. It examines U.S. policy and issues in the U.S. ratification debate, including the Convention's possible impact on U.S. sovereignty, its effectiveness in combating discrimination, and its role as an instrument of U.S. foreign policy.
Contributing Partner: UNT Libraries Government Documents Department
The United Nations Convention on the Rights of the Child: Background and Policy Issues

The United Nations Convention on the Rights of the Child: Background and Policy Issues

Date: June 9, 2011
Creator: Blanchfield, Luisa
Description: This report provides an overview of the United Nations Convention of the Rights of the Child's (CRC) background and structure and examines evolving U.S. policy toward the Convention, including past and current Administration positions and congressional perspectives. It also highlights issues for the 112th Congress, including the Convention's possible impact on federal and state laws, U.S. sovereignty, parental rights, and U.S. family planning and abortion policy. In addition, the report addresses the effectiveness of CRC in protecting the rights of children internationally and its potential use as an instrument of U.S. foreign policy.
Contributing Partner: UNT Libraries Government Documents Department
Privacy and Civil Liberties Oversight Board: New Independent Agency Status

Privacy and Civil Liberties Oversight Board: New Independent Agency Status

Date: November 14, 2011
Creator: Hatch, Garrett
Description: Recommended by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission), the Privacy and Civil Liberties Oversight Board (PCLOB) was initially established as an agency within the Executive Office of the President (EOP) in 2004. Critics, however, maintained that the board appeared to be a presidential appendage, devoid of the capability to exercise independent judgment and assessment or to provide impartial findings and recommendations. This viewpoint gained acceptance in the 110th Congress when the PCLOB was reconstituted as an independent agency within the executive branch by the Implementing Recommendations of the 9/11 Commission Act (IR9/11CA), signed into law on August 6, 2007. On January 5, 2011, President Obama nominated two people to serve on the board, but the Senate has not confirmed either. This report will be updated as events warrant.
Contributing Partner: UNT Libraries Government Documents Department
Federal Civil Rights Statutes: A Primer

Federal Civil Rights Statutes: A Primer

Date: March 26, 2012
Creator: Feder, Jody
Description: Under federal law, an array of civil rights statutes are available to protect individuals from discrimination. This report provides a brief summary of selected federal civil rights statutes.
Contributing Partner: UNT Libraries Government Documents Department
The Repeal of "Don't Ask, Don't Tell": Issues for Congress

The Repeal of "Don't Ask, Don't Tell": Issues for Congress

Date: April 5, 2012
Creator: Burrelli, David F.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department