| DON'T ASK, DON'T TELL |
Everything you didn't want to know "Don't ask, don't tell" is supposed to be a new, improved military policy on homosexuality. The new regulations have a few improvements, but commands often ignore them. Most of the policy is the same as it used to be, and some parts are worse. It is still not safe to be gay in the military. Lesbians, gay men, bisexuals and servicemembers who are suspected of being gay still face investigations, witchhunts, discharge and occasionally court-martial. Here are some basic things everyone should know about the policy. PEOPLE CAN STILL BE DISCHARGED JUST FOR TOUCHING-LET ALONE SEX Soldiers and sailors can still be discharged for gay "acts." The regulations say that things like kissing, holding hands and hugging are homosexual acts. This is the same as the old policy. You can be discharged for a friendly hug or a completely non-sexual touch if a "reasonable person" would think the touching is sexual…and the military decides what a reasonable person would think.
THE PERSONAL LIVES OF GAY PEOPLE ARE STILL CRIMES You may still be discharged or even court-martialed for sodomy (oral or anal sex) and any other sexual activity between people of the same sex, even if it is on your own time, off base and in private. If you are accused of any gay "act," you should get legal counsel before talking to investigators or your command.
PEOPLE MAY BE DISCHARGED JUST FOR SAYING THEY'RE GAY Soldiers or sailors who say they are gay, lesbian or bisexual will be discharged unless they can prove to the military that they have no "propensity" or intent to engage in homosexual acts. Merely saying you are gay is now called homosexual conduct, which is a ground for discharge. People who want out of the military can still get out by saying they are gay. But the revised policy is very complicated, so you need to talk to a counselor or lawyer first. DON'T ASK? WELL, MAYBE, EXCEPT… Recruiters aren't supposed to ask potential recruits if they're gay. But you can be kept out if you say you're gay, unless you can prove you have no propensity to engage in gay acts. Commands and investigators aren't supposed to ask if you're gay, either. But nothing keeps them from asking if you have engaged in homosexual conduct -- made a statement or committed a gay act -- if they claim to have credible evidence you did so. In other words, they can't ask if you're gay, but they can ask if you said you're gay. Things get even more complicated with security clearance investigations.
WHAT ABOUT WITCHHUNTS? Witchhunts still happen. Commands can start inquiries (investigations) if they think they have credible evidence of homosexual conduct. If there's no credible evidence, just rumors or suspicion, they shouldn't investigate. Commands haven't been very good at following this rule. Commands can investigate you for any gay conduct -- kissing, holding hands, having sex or simply saying you are gay. It doesn't matter if the conduct is on base of off, or whether it's private or public. If you are facing an investigation or command inquiry, it's important to get legal counsel right away. Remember: You may have a cool commanding officer whom you get along with, who may even suspect that you are gay and doesn't care. But this might change if problems develop on the base or ship and his superior requires him to crack down on or discipline his command. Be careful with how open you are about your private life. Nothing is really private in the military.
THE POLICY DOESN'T HELP VETS. The new policy isn't meant to apply to people who are already discharged. Veterans discharged for being gay can't use "don't ask, don't tell" to demand reinstatement in the military. The new policy doesn't guarantee an upgrade of a less than honorable discharge. But vets who want to challenge their discharges should get more information about their options. Some vets may try to reenlist, since the new policy doesn't allow recruiters to ask about sexual orientation. But recruiters ask vets to show their DD-214s (discharge documents) which state the reason for discharge. It's likely that vets with gay discharges will be rejected by recruiters.
DEALING WITH HARASSMENT The current regulations don't say much about harassment. However, almost all kinds of harassment violate other parts of military law. The Department of Defense recently told the services to take harassment and threats against suspected lesbians and gays seriously, but many commands don't know about this. If you have received threats or have been harassed by people who believe you're gay, it is important to have help from an attorney or counselor in protecting yourself and complaining about the harassment.
IF YOU'RE UP AGAINST THE POLICY We encourage people to be very careful, because the new policy has many loopholes, and didn't make real improvements in the first place. Some commands are looking for excuses to discharge or harass people. Witchhunts are still a serious problem, and some servicemembers have reported threats and physical harassment. You should get civilian legal help right away if you are suspected of being gay, if you want to come out or get out, or if you have been harassed. Talk to an attorney or counselor before talking with anyone in the command, or any investigator, about your personal life.
FIGHT FOR EQUALITY Help to keep watch on the new policy. You can help monitor the policy by telling the groups listed below about incidents of harassment, witchhunts and violations of soldiers' and sailors' rights. Some servicemembers have filed lawsuits to challenge the policy. If you are thinking about a lawsuit, talk to one of these groups. Let the President and Congress know what you think about "don't ask, don't tell." Write them. (John and Jan Doe letters are fine if you don't want to use your name.)
IF YOU ARE QUESTIONED: SAY NOTHING--SIGN NOTHING-- October 1997 |
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