History of US military policies towards gays, lesbians & bisexuals:
1776: First discharge: General George Washington approved the
dishonorable discharge of Lieutenant Frederick Gotthold Enslin who had been
found guilty of sodomy and perjury. At the time "sodomy" or "crime against
nature" could involve either oral or anal sexual intercourse. 14
1942: Separation policy: Previous to World War II, sexually active
homosexuals could be prosecuted under the Articles of War. Starting in
1942 persons with a homosexual or bisexual orientation -- even though celibate
-- could alternately be given a "blue discharge" and separated from the armed
forces. They would not be eligible for the Veterans Administration's G.I.
Bill benefits. 14
1947: Blue discharges replaced: A member
of the armed forces who was found to have a homosexual or bisexual orientation
while in-service would now receive an "undesirable discharge." Any
found guilty of same-sex behavior would be "dishonorably discharged."
1957: Crittenden Report: Navy Captain S.H. Crittenden, Jr. conducted a United
States Navy Board of Inquiry and issued a "Report of the Board
Appointed to Prepare and Submit Recommendations to the Secretary of the Navy
for the Revision of Policies, Procedures and Directives Dealing With
Homosexuals. It found that there was "no sound basis for the belief
that homosexuals posed a security risk." 12 The report found that "...the number of cases of
blackmail as a result of past investigations of homosexuals is negligible."
Apparently, the Navy found the report too threatening to release. 13 Twenty years and one court
order later, the Navy was forced to make the report publicly available. Two more
studies, conducted between 1957 and 1987 reached the same conclusion.
1975: Test case launched: After 12 years of exemplary service in
the Air Force, Tech. Sgt. Leonard Matlovich, agreed to create a test case
challenging the armed forces' discriminatory policies against gays and
bisexuals. He had received a Bronze Star, a Purple Heart, and shrapnel wounds
in service to his country. He volunteered to tell his superiors that he was
gay, and went public with his situation. His case was covered on the front
page of the New York Times, He made the cover of Time Magazine for
1975-SEP-08. All of the major TV news programs covered the story. He fought
for an honorable discharge for years in the courts. He was finally successful; the court ruled that the Air Force had failed to justify their discrimination
against him.
1992: Clinton promised to lift the ban on homosexuals and bisexuals:
While campaigning for the Presidency,Bill Clinton promised
to eliminate the ban on homosexuals and bisexuals in the
military, and allow qualified persons of all sexual orientations to serve.
1993-JUL-19:"Don't ask, don't tell policy (DADT):"
President Clinton, faced with strong opposition from military leaders, broke his promise by introducing the DADT policy. He said that the policy would establish:
"... a
decent regard for the legitimate privacy and associational rights of all
service members." 3" 'Don't Tell,' while
prohibiting public statements of sexual orientation to the military, allows
for 'personal and private' communications between gay service
members and their families, friends and others. It protects service members'
freedom of association with friends and extracurricular organizations. The
policy further allows for [confidential] disclosure of sexual orientation by gay service
members to defense attorneys, chaplains, security clearance personnel and,
in limited circumstances, doctors who are treating patients for HIV."
4
However, gays, lesbians and bisexuals are effectively cut off from counseling
and other mental health services because physicians, psychologists and
others are not required to keep confidential any conversations during
therapy. Some therapists and doctors routinely report any
non-heterosexuals that they find to their commanding officers for investigation.
Many gays and lesbians who are the victims of harassment or assault
often dare not report the incidents out of fear of being ejected from
the military. This frequently makes them sitting ducks for homophobes
who enjoy engaging in gay bashing.
2000-MAR status report on harassment in the military: The Servicemembers Legal Defense Network (SLDN) issued a report on
2000-MAR-9 titled "Conduct Unbecoming: Sixth annual report on
"Don't ask, don't tell, don't pursue, don't harass."1 The SLDN is the main
legal support group defending gays and lesbians in the military. They are widely known throughout the armed forces as a safe, confidential,
underground network. The SLDN report cited:
968 incidences of harassment of gays and lesbians in the armed
forces reported to them by individual servicemen and women 1999.
The 1999 events ranged in severity from taunts and physical assaults to
the murder of Pfc. Barry Winchell at Ft. Campbell, KY.
This represents a 142% increase over 1998 and about a 500% increase
over 1997. It is not known whether these data are related to an
actual increase in harassment or whether the increase can be attributed
to the SLDN having a higher profile.
Incidents remained fairly constant during 1999, with a slight
increase noted after the murder.
They reported that: "Witch hunts, physical abuse by
investigators, and criminal prosecutions of lesbian, gay and bisexual
service members have all subsided."
Discharges for homosexuality dropped 10 percent from 1998, after several
years of steady increases.
There were 1,034 discharges in 1999 related to homosexuality -- a 73 percent increase from before "Don't Ask, Don't
Tell, Don't Pursue" policy was announced by President Clinton.
Discharges are on the rise
for women. Although only 14% of the armed force personnel are women, lesbians
accounted for 31% of the sexual orientation based discharges in 1999 -- the highest
percentage in at least two decades.
The U.S. Air Force continues to lead all
services in gay discharges.
The SLDN rated the Army's training course against homophobia as
the most effective in the forces. 2
On the day that the SLDN report was released, the Pentagon announced that it was
considering changing a policy that would allow gay service members to be granted
confidentiality when they discuss matters with a doctor, psychologist, or other
health professional.
Without confidentiality during therapy, gays and lesbians are largely cut off
from counseling within the armed forces. Yet, of all groups within the military,
homosexuals may well be the one most in need of a safety valve. The current
policy is ambiguous: health care workers are neither required to remain silent
about a client's sexual orientation, nor are they required to report gays and
lesbians. Michelle Benecke, Executive Director of SLDN responded:
"That's
excellent! That is really big news. That is the first time they have ever given
a centimeter on that...it's a very serious issue to our clients...Medical- and
mental-health people provide a real relief valve for service members in trouble.
There are people who've been driven to suicide because there is no safe place
for them to go with this secret."
2007-Fall: Obama commits to ending DADT:
Barack Obama, while on the campaign trail in 2007 addressed the Human Rights
Campaign (HRC) saying: "America is ready to
get rid of the 'don't ask, don't tell' policy. That work should have started
long ago. It will start when I take office."
2009-JAN-15: Ending DADT must wait: Robert Gibbs, a spokesperson
for President Obama, said:
"There are many challenges facing our nation now and the president-elect is
focused first and foremost on jump-starting this economy. So not everything
will get done in the beginning but he's committed to following through with
ending the policy against being openly gay in the military." 16
2009-APR-30: West Point debate on gays in the
military: Two students at the West Point, NY, military academy debated
President Obama's pledge to end the DADT policy in the military. Daniel
Szatkowski, a senior from Edmond, OK said: "From what I?ve heard from my
classmates, people are kind of against it." Adrienne Rolle, a senior from
Brooklyn, NY said she had no problem with lifting the ban, although she said
that some of her male classmates did. Commenting on the fact that homosexuals
are currently serving in the military, she said: "People are more comfortable
with ignorance.
Other pressures to abandon the "don't ask, don't tell" policy:
Representative Marty Meehan (D-MA) introduced a House bill: the Military Readiness Enhancement Act. It would lift the military's
ban on homosexuals. Rep. Ileana Ros-Lehtinen (R-FL), a member of the
Subcommittee on National Security, Emerging Threats and International
Relations said:
"We've tried the policy. I don't think it works. And
we've spent a lot of money enforcing it. People who've signed up to
serve our country, we should be thanking them."
Four Republican
representatives -- including conservatives Wayne Gilchrest of Maryland
-- joined with 81 Democrats as
co-sponsors. Gilchrest used to be in favor of the ban, but changed his
mind because of respect for gay Marines with whom he served in Vietnam.
Another influence is his brother, who is gay. He feels that the mood in
Congress is shifting. He said:
"When this issue comes up, members who
believe that gays shouldn't be in the military are now more hesitant to
voice their opinion. Many of us who feel the other way have come out of
the closet, so to speak. A year ago, I would have been uncomfortable
expressing my feelings." 9,10
The Servicemembers Legal Defense Network issued a new report
on 2005-JUN-13 noting that many highly trained military specialists -- including
combat engineers and linguists -- are being discharged involuntarily
because of their sexual orientation. Meanwhile, the Pentagon "... is facing
extreme challenges in recruiting and retaining troops." Their report
states that:
"The military discharged 653 men and women in 2004 under the gay
ban, the second lowest total since 'Don't Ask, Don't Tell' was
implemented. The Pentagon discharges include at least 41 healthcare
professionals, 30 sonar and radar specialists, 20 combat engineers, 17
law enforcement agents, 12 security guards and 7 biological and chemical
warfare specialists who were fired because of sexual orientation. At
least 9 language specialists were also discharged. The SLDN analysis
also reveals that, based on other data obtained from different sources,
less than one-quarter of all 2004 discharges under 'Don't Ask, Don't
Tell' were from units deployed in support of war operations, suggesting
the services are far less likely to discharge gays and lesbians serving
on the frontlines. Gay discharges have declined by 47% since September
11, 2001."
SLDN Executive Director, C. Dixon Osburn, said:
"The
military continues to sacrifice national security and military readiness
in favor of simple prejudice. Americans do not care if the helicopter
pilot rescuing a wounded soldier or the medic treating that soldier is
gay." 8,10
Twelve former service members have launched a lawsuit against the
policy. It cites the U.S. Supreme Court's 2003 ruling in
Lawrence v. Texas, which declared all
state anti-sodomy laws to be unconstitutional across the U.S. The Bush
administration is expected to ask that the lawsuit be dismissed. They
take the position that the Court's ruling has no bearing over this
matter because it does not impact on the military. The case will be heard in a
Boston, MA federal court during 2005-JUL. 10
Lt. Col. Allen Bishop, a U.S. Military Academy professor of
philosophy at West Point, had been troubled for years about the ban. In
the spring of 2005, he wrote an article against the ban in the Army
Times. On JUN-14, he said:
"I thought I'd get lots of hate mail,
and my colleagues would walk on the other side of the hall ? but there's
been none of that.....They can be gay, but they can't practice being
gay. They can be here, but they can't tell you who they are ? it seemed
pretty confusing to me."
His article said in part:
"Despite our government's claim of liberty for all, we leave homosexuals out. If the
American military sees and is allowed to see itself as the protector of
some but not all Americans, democracy fails." 10
Statements by retired senior military officers:
2006-MAY: General calls for end to DADT policy: Lieutenant General
Claudia Kennedy, USA (Ret.), the first female three-star officer in Army
history, called the DADT: "a hollow policy that serves no useful purpose."
23
2006-NOV: Senior military officers recommend end to ban: Fourteen
senior retired military officers urged the First Circuit Court of Appeals
to overturn the DADT ban. They wrote that the law:
"... undermines the military's ability to fulfill its primary mission of
providing national security by discouraging the enlistment of gay persons
qualified to serve their country and by expelling from the military those who
have served with honor." 23
Retired Army general and former chairman of the Joint Chiefs of Staff John
Shalikashvili wrote:
"Last year I held a number of meetings with gay soldiers and marines,
including some with combat experience in Iraq, and an openly gay senior
sailor who was serving effectively as a member of a nuclear submarine crew.
These conversations showed me just how much the military has changed, and
that gays and lesbians can be accepted by their peers."
2007-JAN: General John M. Shalikashvili suggested review of ban:
Shalikashvili, a former Chairman of the Joint Chiefs of Staff, wrote an
op-ed piece for the New York Times, recommending a reconsideration of the
DADT policy. He wrote:
"I now believe that if gay men and lesbians served openly in the United
States military, they would not undermine the efficacy of the armed
forces. ... Our military has been stretched thin by our deployments in the
Middle East, and we must welcome the service of any American who is
willing and able to do the job." 23
2008-DEC: General Colin Powell favors
review of DADT: Retired General Colin Powell, who was chairman of the
joint chiefs of staffs in 1993 when DADT was implemented, said:
"It's been 15 years and attitudes have changed. And, so, I think it is
time for the Congress, since it is their law, to have a full review of it.
And I'm quite sure that's what President-elect Obama will want to do."
16
References used:
The following information sources were used to prepare and update the above
essay. The hyperlinks are not necessarily still active today.
"Judgements in the Cases of Lustig-Prean and Beckett v. The United Kingdom and Smith and
Grady v. The United Kingdom, European Court of Human Rights," (1999)
See: http://www.echr.coe.int/eng/Judgments.htm
President W.J. Clinton, "Text of Remarks Announcing the New Policy,"
Washington Post, 1993-JUL-20, Page A12.
"Conduct Unbecoming: Sixth annual report on Don't ask, don't tell, don't pursue,
don't harass.", Servicemembers Legal Defense Network (SLDN), 2000-MAR-9 at:
http://www.sldn.org/reports/sixth.htm
SLDN's home page is at: http://www.sldn.org/
Homo Base, in operation since 1995, bills itself as the first
Internet web site for gay service members. Their home page is at: http://homobase.com/
A valuable research page with many links to other support web sites is at: http://homobase.com/research.htm
Barry M. Goldwater, "Ban on gays is senseless attempt to stall the
inevitable." at: http://homobase.com/
"New Data Reveals Military Losing Mission Critical Specialists Under
'Don't Ask, Don't Tell'," Servicemembers Legal Defense Network,
2005-JUN-13, at:
http://www.sldn.org/
"New Poll Shows Overwhelming Support for Allowing Gays to Serve,"
Servicemembers Legal Defense Network, 2005-MAY-16, at:
http://www.sldn.org/
"Efforts Intensify to End Gay Soldier-Ban," Associated Press,
2005-JUN-14, at:
http://www.sfgate.com/
Scott S. Greenberger, "One year later, nation divided on gay
marriage. Split seen by region, age, Globe poll finds," Boston Globe,
2005-MAY-15, at:
http://www.boston.com/