II. RECOMMENDATIONS

The Bush Administration should:

· Suspend indefinitely all discharges of servicemembers for acknowledging homosexual orientation or engaging in homosexual conduct that does not otherwise violate military rules applicable to heterosexual conduct.

· Support legislation to repeal 10 U.S.C. 654 ("Policy concerning homosexuality in the armed forces"), codifying the "don't ask, don't tell" policy.

· Implement through the Department of Defense the policy recommendations made below and develop and implement such other measures as are needed to guarantee the rights and safety of gay, lesbian, and bisexual servicemembers, including measures that specifically address the unique sexual harassment problems faced by women servicemembers-both heterosexual and lesbian-as a result of the "don't ask, don't tell" policy.

Congress should:

· Repeal the legislation codifying the "don't ask, don't tell" policy.

· Amend the Uniform Code of Military Justice to decriminalize all forms of adult, private, consensual sex between men and women and between same-sex partners.

The Department of Defense should:

· Ensure all members of the military are treated with respect regardless of their sexual orientation. It should take effective steps to prevent verbal or physical acts of anti-gay harassment or abuse, including implementation of the Department of Defense Anti-Harassment Action Plan, more extensive training about anti-gay harassment, and the use of disciplinary sanctions against or criminal prosecution of those who engage in such conduct.

· Encourage victims of anti-gay harassment or abuse to report incidents and seek assistance by:

- establishing a confidential hotline for servicemembers to complain of abuse;
- establishing a special unit within the Office of the Inspector General to investigate complaints of anti-gay harassment in a manner that will protect the victim from discharge or reprisal; and
- clarifying the offices where servicemembers enduring anti-gay harassment may go for assistance, and what assistance each can provide.

· Monitor the nature and prevalence of anti-gay harassment and abuse and the steps taken to respond it by gathering and making publicly available statistics on incidents reported and the actions taken in response.

Until such time as the "don't ask, don't tell" policy is repealed:

· Hold accountable by disciplining and, where appropriate, prosecuting service personnel who engage in unauthorized inquiries, or in investigations that exceed the permissible scope, into the sexual orientation or private lives of servicemembers who are or are perceived to be gay, lesbian, or bisexual.
· Establish an "exclusionary" rule and other regulations as needed to prevent the use in discharge proceedings of improperly obtained information and to ensure that investigations are not initiated on less than credible, properly acquired evidence.

· Prohibit the use in discharge inquiries under the "don't ask, don't tell" policy of information gathered during investigations into anti-gay harassment complaints.

· Adopt and enforce a clear confidentiality policy for chaplains and health service providers.