Although the “don’t ask, don’t tell” policy was intended to allow gay, lesbian, or bisexual servicemembers to remain in the military, discharges have steadily increased since the policy’s adoption. According to the Servicemembers Legal Defense Network (SLDN), from 1994 through the end of 2001, more than 7,800 men and women were discharged from the military because of their actual or perceived homosexuality. In 2001 alone, a record 1,256 were discharged, a figure nearly double the homosexual separation rate of 730 in 1992, prior to the institution of the “don’t ask, don’t tell” policy. These thousands of servicemembers were not separated from the military because of a lack of skill, courage, or commitment, or subpar job performance. They were required to leave the armed forces because of a policy that reflects the bias of some in the heterosexual majority against the homosexual minority.
The “don’t ask, don’t tell” policy is predicated on prejudice, reflecting and reinforcing outdated views about gays and lesbians. The policy not only is inconsistent with the United States’ commitment to equality, tolerance, and respect for the human dignity of all, regardless of their sexual orientation. It also violates fundamental human rights by discriminating against servicemembers based solely on their sexual orientation.
Anti-Gay Harassment
The Department of Defense has itself documented the hostile environment for homosexual servicemembers that has thrived under the “don’t ask, don’t tell” policy. In March 2000, the Defense Department published a study showing that eighty percent of servicemembers surveyed randomly had heard offensive speech, derogatory names, jokes, or negative remarks about homosexuals during the previous year. Eighty-five percent believed such comments were tolerated to some extent. Thirty-seven percent reported they had witnessed or experienced an incident they considered to be anti-gay harassment.
In practice, the “don’t ask, don’t tell” policy perpetuates anti-gay harassment by creating a separate, less-than-equal class of servicemembers vulnerable to abuse. Because of the policy, servicemembers endure anti-gay threats or physical attacks in silence for fear that reporting them will lead to disclosure of their sexual orientation and hence a discharge under the policy.
The Pentagon has done little to protect gay and lesbian servicemembers from hostile treatment or violence by other servicemembers. In response to its own survey’s findings and high-profile violent attacks against servicemembers perceived to be gay, the Pentagon announced in July 2000 an Action Plan to combat anti-gay harassment. Yet, two-and-a-half years later, the plan has not been implemented.
As it is, anti-gay harassment of servicemembers is committed with near total impunity, as are violations of the military rules against unauthorized or unduly intrusive investigations into a servicemember’s sexual orientation. According to the Servicemembers Legal Defense Network, not one servicemember was held officially accountable for asking, pursuing, or harassing during the policy’s first six years; in 2000, three officers reportedly were punished for their involvement in publicized incidents.
Unit Cohesion: An Argument in Search of Support
Supporters of “don’t ask, don’t tell” argue that permitting acknowledged gays or lesbians to serve in the military would impair unit cohesion and hence military effectiveness. There is no evidence to support that argument. Over the last decade, a number of U.S. allies, including the United Kingdom, Canada, Germany, and Israel, have changed exclusionary policies and accepted open homosexuals into their armed forces without impairing the effectiveness of their military. Today, most NATO countries permit homosexuals to serve on the same terms as heterosexuals.
During the Gulf War in 1991, President George H.W. Bush suspended discharges under the regulations then in place that prohibited gays from serving, thereby acknowledging that the armed forces needed the contributions of all Americans who wished to serve their country in a time of need. We are aware of no evidence that the military campaign in the Gulf was in any way compromised by the presence of gay and lesbian servicemembers. Indeed, supporters of “don’t ask, don’t tell” have not been able to point to any empirical evidence of unit disintegration or bad morale in the U.S. military arising from the presence of known homosexuals.
The “unit cohesion” justification for “don’t ask, don’t tell” is premised on the assumption that heterosexual servicemembers would react in an overwhelmingly negative way if known homosexuals were allowed to serve. A similar argument was made with regard to the racial integration of the armed forces, yet President’s Truman’s decision to end racially segregated units in the U.S. military did not generate the predicted disruptions. We believe that if the military ensures strong leadership, training, and enforcement of rules of conduct applicable to all, enlisted members and officers will handle the removal of discriminatory restrictions on acknowledged gays and lesbians with complete professionalism. It is important in this regard to note the changing attitudes in America – among the general public and within the armed forces – about gays and lesbians. According to the Gallup Organization in 2002, 86 percent of Americans believed gays and lesbians should have equal rights with respect to job opportunities. In a 2001 Gallup poll, 72 percent of Americans said that homosexuals should be hired in the armed forces, up from 57 percent in 1992. A Massachusetts Institute of Technology study released in 2001 showed that a majority of Americans (56 percent) were in favor of allowing gays to serve openly in the military.
Views have changed within the military during the same period. In 1992, military sociologists found that 77 percent of army men and 34 percent of army women opposed or strongly opposed gays in the military. In August 1998, the percentage had dropped to 52 percent among men and 25 percent among women. In another study, researchers found a significant change in the attitudes of navy officers over a five-year period in the 1990s. In 1994, 58 percent agreed or strongly agreed that they felt uncomfortable in the presence of gays. By 1999, that percentage had dropped to 36 percent. In the same study, 39 percent said they personally knew a homosexual servicemember.
We urge you to take the following actions without delay:
· Propose and pursue the repeal of 10 USC 654, the “don’t ask, don’t tell” policy codified in 1993.
· Implement the Department of Defense’s Anti-Harassment Action Plan to address anti-gay harassment.
· Order each service branch to suspend indefinitely all investigations and discharges under the “don’t ask, don’t tell” policy.
· Consult with allies about how they integrated their armed forces to assist the U.S. military in implementing a new policy of non-discrimination in the most efficient manner.
· Repeal the sodomy provisions of the Uniform Code of Military Justice.
We would welcome a chance to meet with you or your designate to discuss these issues of concern. Please contact Wendy Patten, U.S. Advocacy Director, at 202-612-4321 to arrange a mutually convenient meeting time.
Sincerely,
Jamie Fellner, Esq.
Director, U.S. Program
