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Lift the Ban on Gays in the Military?: Preserving Esprit de Corps
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10098 |
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Section : |
CURRENT ISSUES
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| Issue
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4 / 1993 |
1,723 Words |
| Author
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James A. Donovan
Capt. James A. Donovan, USMC (Ret.), lives in Atlanta, Georgia |
Ranking military officials and other spokesman defending the current policy denying official recognition and acceptance of homosexuals in the armed services are not articulating their case adequately. Much more must be explained to a confused public and to ill-informed and inexperienced journalists and media commentators.
First, it should be reiterated that current laws, regulations, and the Uniform Code of Military Justice prescribe punishments, including court martial and/or dismissal from the service, for homosexual activities in the military services. These laws cannot be abrogated by simple executive order or policy but would have to be changed by Congress, preceded by lengthy and emotional hearings and debates.
Second, there is much more to the issue than the individual rights and desires of a homosexual minority. Much more important are the standards, values, and beliefs of the U.S. military.
The policy banning gays from U.S. military service has evolved since World War II. The flat ban on homosexuals that went into effect in 1982 prohibits homosexuals from joining the armed forces and prohibits those in uniform from performing sex acts with partners of the same sex. The punishment is dishonorable discharge except in cases of forced acts (rape) or certain other narrowly defined circumstances. Violated individuals can press charges resulting in court martial, discharge, and imprisonment.
The Uniform Code of Military Justice also forbids oral and anal sex among both homosexuals and heterosexuals. This law, however, has been to a large degree impractical to enforce.
Department of Defense policy requires known homosexuals to be immediately discharged. Homosexual acts do not need to be proved. The policy presumes that one who admits to being homosexual will engage in the conduct that defines the class.
SPECIAL INTERESTS DO NOT FIT
Within the military, good order and discipline must prevail. Sexual orientation, gender, race, and religious differences are subordinate to the common good and to the effective performance of the military mission. Special interests and minority demands have no place in the armed services.
The military imposes many special
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