Homosexuals and the U.S. Military: Current Issues

After the Supreme Court reversed Bowers in Lawrence v. Texas decision applies to Article of the Uniform Code of Military Justice, which banned all acts of sodomy. In both United States v. Stirewalt and United States v. Marcum , the court found Article constitutional, but ruled that the "conduct falls within the liberty interest identified by the Supreme Court," [36] but also said that despite the application of Lawrence to the military, Article could still be upheld in cases where there are "factors unique to the military environment" that would place the conduct "outside any protected liberty interest recognized in Lawrence ", [37] such as fraternization, public sexual behavior, or anything that would adversely affect good order and discipline.

Convictions for consensual sodomy have been overturned in military courts under the Lawrence in United States v. Meno [38] and United States v. The first ended in a negotiated settlement, but only after the lesbian plaintiff whom the Air Force tried to discharge won retirement with full benefits in as DADT neared its end. In the second, Federal Judge Virginia A. Phillips ordered the military on October 12, , to suspend and discontinue any investigation or discharge, separation, or other proceeding that began under DADT.

It failed in September, when Sen. John McCain led a successful filibuster against it. It passed the House of Representatives on December Instead, on July 6, , that court, citing progress made by military officials in preparing for an end to DADT, ordered the government to cease enforcement of DADT while dismantling the policy. Repeal was not immediate. The Department of Defense first reviewed its policies and guidelines and drafted implementation regulations. Then the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff certified that new regulations had been drafted and that the new regulations would not damage military cohesion and readiness.

That certification triggered a day waiting period at the end of which, on September 20, , DADT expired. They wrote that the strong degree of anti-gay sentiment found among entering cadets declined somewhat during their time at the service academies: Despite the end of DADT on September 20, , the same-sex spouses of gay and lesbian service members were not treated on a par with the different-sex spouses of military service members because of restrictions imposed by Section 3 of the Defense of Marriage Act DOMA and certain federal statutes that contain definitions of marriage that exclude same-sex couples.

Same-sex spouses are denied death benefits, identification cards, base access, access to repatriation ceremonies, and other entitlements.

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Marines announced that clubs conducting business on base must admit same-sex spouses. On February 11, , Secretary of Defense Leon Panetta announced the Department's extension of certain military "additional benefits" to same-sex spouses which are not explicitly prohibited under the Defense of Marriage Act , in addition to "member-designated benefits" which were already available to same-sex spouses. The American Civil Liberties Union ACLU brought suit in on behalf of servicemembers discharged for homosexuality who received only half the standard separation pay upon discharge.

United States that provided for the payment of full separation pay to servicemembers discharged under " Don't ask, don't tell " since November 10, The American Military Partner Association AMPA was formed in to enable the LGBT partners of servicemembers and veterans to provide support in areas where the military fails to and to advocate on behalf of equal treatment of those in same-sex relationships. Following the end of DADT, approximately , servicemembers who had been separated from military service since WW II under the categories "other than honorable discharge", "general discharge", or "dishonorable discharge" became eligible to have their discharges amended.

Those without an honorable discharge are often excluded from veterans benefits like health care and tuition assistance, and the lack of an honorable discharge can create a hurdle to employment in the civilian sector as well. Pocan said the legislation represented the same policies as those currently in place, but was needed because "without having it in law, it could change at some date in the future with a different administration. Windsor that the statute under which the U. Secretary of Defense Chuck Hagel stated: The Department of Defense intends to make the same benefits available to all military spouses—regardless of sexual orientation—as soon as possible.

On August 14, , the Department of Defense DoD announced that it would provide spousal and family benefits to servicemembers in same-sex marriages on the same terms as it does to those in different-sex marriages. The benefits, which include health care coverage, housing allowances, military ID cards, and survivor benefits, can be claimed retroactive to June 26, the day of the Windsor decision. A same-sex marriage must be documented by a marriage certificate that establishes that the marriage was valid where it was celebrated. The DoD also announced that servicemembers who need to travel to a jurisdiction that allows them to marry will be afforded up to 7 days leave to do so, up to 10 days if they are stationed outside the U.

Secretary of Defense Chuck Hagel said: The DoD set September 3 as its target date for implementation. Peter Sprigg of the Family Research Council, a longtime opponent of the end of "don't ask, don't tell", wrote that "It could well be argued that the new policy actively discriminates against opposite-sex couples, who receive no special leave for their weddings". DoD officials said the leave was for travel and cited Texas or South Korea as locations that pose problems for same-sex couples seeking to marry.

The Veterans Administration has cited other federal statutes that define "spouse" and 'surviving spouse' The status of benefits for veterans in same-sex relationships was the subject of ongoing lawsuits. In , Defense Secretary Ash Carter added sexual orientation to the list of nondiscrimination protections under the military's equal opportunity program.

Often healthcare systems deny them adequate services and visitation rights to same-sex couples. Several lawsuits on behalf of same-sex military spouses had challenged the constitutionality of DOMA and statutes that define "spouse" and "surviving spouse" as "a person of the opposite sex" when determining eligibility for veterans benefits. On October 27, , the Servicemembers Legal Defense Network SLDN had brought suit in federal court in Massachusetts on behalf of several military servicemembers and veterans in same-sex marriages.

The benefits at issue in that case, McLaughlin v. Panetta , included medical and dental benefits, basic housing and transportation allowances, family separation benefits, visitation rights in military hospitals, and survivor benefit plans. United States , on July Code that define spouse so as to exclude those in same-sex marriages are unconstitutional. A similar case involving only veterans benefits, Cardona v. Shinseki , is awaiting resolution in the Court of Appeals for Veterans Claims , after being suspended while awaiting the resolution of Windsor.

On July 19, , Veterans Administration VA Secretary Eric Shinseki noted in a letter about the case that the statutory definitions of "spouse" and "surviving spouse" had yet to be invalidated by a court. They reintroduced the legislation the day Windsor was decided. On September 4, Attorney General Eric Holder , as required by law, notified Speaker of the House John Boehner that the Obama administration had determined that it should not enforce the federal statutes that define spouse in a way that excludes same-sex spouses.

He cited Windsor and the decision in Cooper-Harris the previous week as well as BLAG's withdrawal from litigation challenging the statutes in question. Advocates for same-sex spouses of veterans welcomed the announcement, but noted that the question of the rights of such spouses remained uncertain if they live in states that do not recognize their marriage.

On September 13, , VA home loan benefits were extended to include service members in same-sex marriages. In June , the Department of Veterans Affairs VA announced that it would only provide benefits to the same-sex spouses of veterans who either 1 married in the state in which they resided or 2 live in a state that recognizes their marriage when they apply for benefits. Their brief cited Windsor and many federal court decisions since Windsor that have held denial of marriage rights to same-sex couples unconstitutional.

It said the VA's policy ruling "imports into federal law unconstitutional state definitions of marital status. In several states that do not recognize same-sex marriages—notably Oklahoma, Georgia, Louisiana, Mississippi, and Texas—National Guard officials initially refused to comply with Department of Defense directives to allow the same-sex spouses National Guard members in their states to enroll in federal benefit programs, instead requiring such members to travel to federal facilities to do so.

On November 6, Fallin announced that Oklahoma guard members could have benefits requests for same-sex spouses processed at federal facilities. Some other states chose to place their state employees on federal status for the sake of processing such applications.

In , the U. Veterans Health Administration VHA is providing healthcare services for approximately one million gay and lesbian veterans. In their article, Sherman and her coauthors explain that in the past, most of the gay and lesbian veterans were uncomfortable in disclosing their sexual orientations or identities because they were afraid that this information could lead to their discharge from the military. Sherman and her coauthors conducted a study on the communications between the gay and lesbian veterans with their VHA providers and the experiences regarding their healthcare services.

Many veterans state that they do not receive the necessary support from VHA medical providers. Similarly, another report states that lesbians often decline routine medical tests. However, Sherman and her co-authors point out that the missing patient-centered communication can affect the quality of medical treatment. According to the authors, since sexual identity and orientation is a contentious issue, many healthcare workers are not comfortable in approaching this topic.

To alleviate the concerns from the gay and lesbian veterans about discrimination and to address healthcare disparities, in , the VHA has introduced some policy changes. These new developments mark a milestone in expanding the role of the government in improving healthcare provisions for the gay and lesbian veterans. The information found on medical records is often inaccurate and may not clearly indicate the choice of the veterans. Since the gay and lesbian veterans are not asked to disclose information about their sexual orientation on medical forms, [99] the healthcare providers are often unaware of this information when they consider medical treatment options.

The information will be confidential and only used to assess health. Healthcare services for gay and lesbian veterans are not adequate.

From Wikipedia, the free encyclopedia. Sexual orientation and gender identity in the United States military. Transgender personnel in the United States military. Intersex people and military service in the United States. Don't ask, don't tell. Germany and the Americas: Ethnic and Racial Minorities in the U. Gays and Lesbians in the U. Retrieved March 22, The Articles of War, Approved June 4, ". Archived from the original on October 4, Retrieved August 23, Retrieved 27 November Retrieved March 31, Draft Dodgers in Canada from the Vietnam War.

Gay TV and Straight America. Court of Appeals for the Armed Forces: Retrieved July 6, Retrieved January 26, Allow same-sex members or you don't operate on base". Retrieved June 8, Retrieved January 7, In this security-conscious country where the military is considered to be essential to the continued existence of the nation, the decision to include sexual minorities has not harmed IDF effectiveness. While no official statistics are available for harassment rates of sexual minorities in the IDF, scholars, military officials and representatives of gay organizations alike assert that vicious harassment is rare.

Even though the law states that gay soldiers cannot be discriminated against by the Israeli military, does not mean it does not occur between soldiers. The study conveyed that soldiers bonded in the Israeli military through homophobic remarks and sexualizing women. Gay soldiers either isolated themselves from the rest of the soldiers or attempted to adapt to heterosexual norms. In the end, gay soldiers' military performance was not affected by their response but their integration into the military was affected.

The Armed Forces of Italy cannot deny men or women of homosexual orientation to serve within their ranks, as this would be a violation of Constitutional rights [ citation needed ]. In the past, homosexual conduct was grounds for being discharged from the Italian armed forces for reason of insanity, and feigning homosexuality was a very popular way to obtain medical rejection and skip draft.

Japan does not have any rules applying to homosexuals serving in the Self-Defense Forces. Lithuania allows LGB people to serve openly. Luxembourg allows homosexuals to serve openly. Malta allows people to serve openly in the armed forces regardless of their sexual orientation. According to the Armed Forces of Malta, a number of openly gay people serve in the AFM, and the official attitude is one of "live and let live", where "a person's postings and duties depend on their qualifications, not their sexual orientation".

In , the Netherlands was the first country to ban discrimination against gays in the military. The Dutch military formed a working group called Homosexuality and Armed Forces to improve the climate for sexual minorities. In the s, this group became the Homosexuality and Armed Forces Foundation, a trade union that continues to represent gay and lesbian personnel to the Ministry of Defense. In New Zealand it has been legal for gay, lesbian, bisexual and transgender persons to serve in the military since New Zealand's Human Rights Act ended most forms of employment discrimination against lesbians, gay men and bisexuals.

New Zealand military leaders did not oppose the end of military service discrimination. After the passing of the Human Rights Act, which prevents discrimination on grounds such as ethnicity, gender and sexual orientation. As the act came into law, so came the removal of a passage in the NZDF manual of law that referred to homosexuality as an "unnatural offence". Before , even though the Homosexual Law Reform Act had been passed in , officer training included the actions they ought to take upon the discovery of personnel caught in such acts.

Officers involved hope the support network will act as a sounding board, advice group and social network for regular, reserve and civilian members of the troops. Part of the group's role will be to advise on using inclusive words such as partner instead of wife, or letting people know that a saying such as "that's gay" has made it into common parlance while the term "homo" is offensive.

Military law mandates celibacy during the first 10 years of service for all enlistees. Norway allows homosexuals to serve openly in the armed forces. The Norwegian government states: Anyone who in written or verbal form is threatening, scorning, persecuting, or spiteful toward a gay or lesbian person will be punished with fines or prison of up to two years. Until December , Peru had a ban on openly gay people in the armed forces. The Government accepted the decision. To state this is not only anachronistic, but it violates the principle of human dignity".

The Philippine government has officially ended, as of , the ban on gays in the military. Poland allows gays to serve openly in the military. Portugal allows all citizens to serve openly in the military regardless of sexual orientation, as the constitution explicitly forbids any discrimination on that basis, therefore openly allowing lesbians and gays to serve in the military. Defence Minister Azeredo Lopes considered any discrimination "absolutely unacceptable". Homosexuals are allowed to serve openly in the Romanian army.

According to the Ministry of Defence's recruitment policy, "it is the right of every Romanian citizen to take part in the military structures of our country, regardless of their sexual orientation. Before , homosexual acts between consenting males were against the law in Russia, [] and homosexuality was considered a mental disorder until adoption of ICD in , [] but even after that military medical expertise statute was in force to continue considering homosexuality a mental disorder which was a reason to deny homosexuals to serve in the military.

In , a new military medical expertise statute was adopted; it said people "who have problems with their identity and sexual preferences" can only be drafted during war times.

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This ambiguity was resolved by the Major-General of the Medical Service who clearly stated that new medical statute "does not forbid people of non-standard sexual orientation from serving in the military. The code of conduct of the police force prohibits unfair discrimination in recruitment. Furthermore, police officials are trained to properly respond to and identify discrimination, whether in public or within the police force itself. In May , the head of the Serbian military Vojska Srbije announced that the Serbian Army would accept homosexuals to join. However, this news was not widely covered by media.

Gay men required to attend National Service , but restricted to limited duties.

Sexual orientation and gender identity in military service

Slovenia allows individuals to serve openly without discrimination or harassment due to actual or perceived sexual orientation. The Interim Constitution which was adopted in , and the final Constitution which replaced it in , prohibit discrimination on the basis of sexual orientation. In the government adopted the White Paper on National Defence , which included the statement that, "In accordance with the Constitution, the SANDF shall not discriminate against any of its members on the grounds of sexual orientation.

The Equality Act of , which prohibits discrimination, hate speech and harassment, applies to the military just as it does to the rest of society. The Defence Act of makes it a criminal offence for any SANDF member or Defence Department employee to "denigrate, humiliate or show hostility or aversion to" any person on the grounds of sexual orientation.

In the SANDF extended spousal medical and pension benefits to "partners in a permanent life-partnership", [] and in same-sex marriage was legalised. Homosexuals are allowed to serve openly in the Spanish Army. As of , after the case of Aitor G. R, the courts also ruled that transgender individuals are also permitted to serve in the military. Sweden allows homosexuals to serve openly [79] and was amongst the first nations in the world to allow LGBT people to do so. Since all kind of discrimination, military employment included, due to sexual orientation is banned by constitution.

Since this ban also includes transgender people. The Swedish Armed Forces states that it actively work for an environment where individuals do not feel it to be necessary to hide their sexual orientation or gender identity. The text's bold letters translates to "Some things you should not have to camouflage," followed by the text "Equality is an essential ingredient in a democracy," say the Swedish Armed Forces. We are an inclusive organisation where all the people who serve and contribute feel welcome and respected. Switzerland's military policies also allow for gay men and lesbians to serve openly without discrimination or harassment due to actual or perceived sexual orientation.

Taiwan repealed its ban on conscripting gay people into the military in The policy change was announced after a local newspaper revealed the discriminatory practice, prompting protest demonstrations in Taipei, the nation's capital. Liu of the ROC Naval Attache said that ending the ban on gays in the military police was "a good thing for a democratic society like ours. I don't think this is really a big deal," he said. If you're gay and you can do the job, that's fine.

Prior to this reform, LGBT people were exempted as suffering from a "mental disorder" law of Until , the British Ministry of Defence MOD policy was to continue the long standing ban on homosexuals joining any of the Armed Forces , most recently being based on a report by the Homosexuality Policy Assessment Team, which asserted that to allow gays in the military would be bad for morale, and leave them vulnerable to blackmail from foreign intelligence agencies.

As a consequence, around 60 people were dismissed annually from the services for being gay; [] were dismissed in , the year before the ban was lifted. Their legal challenge was supported by the pressure groups Liberty and Stonewall. In September , this court ruled that investigations by military authorities into a service person's sexuality breaches their right to privacy Article 8 of the European Convention on Human Rights.

In light of the ruling which as an ECHR ruling applies to the militaries of all member states of the EU and of the Council of Europe , the MOD subsequently lifted the ban, and began allowing gay people into the services from onwards. In , following defeat of repeal of 'Don't Ask, Don't Tell' by the United States Senate , the Colonel Mark Abraham, head of Faith and Diversity for the British Army, told People Management magazine the lifting of the ban on gays serving in the military in had "no notable change at all We got to the point where the policy was incompatible with military service and there was a lack of logic and evidence to support it We knew a lot of gay and lesbian people were serving quite successfully, and it was clear that sexual orientation wasn't an indication of how good a soldier or officer you could be The reality was that those serving in the army were the same people the day after we lifted the ban, so there was no notable change at all.

Everybody carried on with their duties and had the same working relationships as they previously had while the ban was in place" Colonel Abraham argues that the lifting of the ban actually made the armed forces more productive: That percentage of time can now be devoted to work and their home life, so actually they are more effective than they were before. The MOD's policy since 12 January is to allow homosexual men, lesbians and transgender personnel to serve openly, and discrimination on a sexual orientation basis is forbidden.

All personnel are subject to the same rules against sexual harassment , regardless of gender or sexual orientation. The British military actively recruits gay men and lesbians, all three services have deployed recruiting teams to gay pride events, and punishes any instance of intolerance or bullying. The Royal Navy advertises for recruits in gay magazines and has allowed gay sailors to hold civil partnership ceremonies on board ships and, since , to march in full naval uniform at gay pride marches.

British Army and Royal Air Force personnel could march but had to wear civilian clothes until , now all military personnel are permitted to attend gay pride marches in uniform. Speaking at a conference sponsored by the gay advocacy group Stonewall in , Vice Admiral Adrian Johns , the Second Sea Lord , said that homosexuals had always served in the military but in the past had to do it secretly. The current policy was accepted at the lower ranks first, with many senior officers worrying for their troops without a modern acceptance of homosexuality that their personnel had grown up with, one Brigadier resigned.

In a speech to the conference in , the first of its kind by any Army chief, General Sir Richards said that respect for gays, lesbian, bisexual and transsexual officers and soldiers was now "a command responsibility" and was vital for "operational effectiveness". The British Military immediately recognised civil partnerships and granted gay couples the same rights to allowances and housing as straight couples. The MoD stated "We're pleased personnel registered in a same sex relationship now have equal rights to married couples. On the tenth anniversary of the change of law that permitted homosexuality was celebrated, including in the July cover story of the Army's in house publication Soldier Magazine , and articles in some national newspapers.

This law does not apply to Northern Ireland only. Homosexuals are allowed to serve openly in the United States military. Military policy and legislation had previously entirely prohibited gay individuals from serving, and subsequently from serving openly, but these prohibitions were ended in September after the U. Congress voted to repeal the policy. The first time homosexuals were differentiated from non-homosexuals in the military literature was in revised army mobilization regulations in Additional policy revisions in and further codified the ban.

Throughout the next few decades, homosexuals were routinely discharged, regardless of whether they had engaged in sexual conduct while serving. In response to the gay rights movements of the s and s, including the famed "Copy" Berg case , the Department of Defense issued a policy DOD Directive Controversy over this policy created political pressure to amend the policy, with socially liberal efforts seeking a repeal of the ban and socially conservative groups wishing to reinforce it by statute.

A legislative policy was enacted in a bill signed by President Bill Clinton. The new policy continued the ban under which homosexuals were prohibited from serving in the military and their discharge was required. The main change that the new policy made was to prohibit investigation into a member's sexual orientation without suspicion.

The new policy was known as " Don't ask, don't tell " and was seen as a compromise between the two political efforts. Pressure to overturn the ban continued to build throughout the s and s, as public opposition to gay rights waned. In December , a Democratically controlled House and a Democratically controlled Senate passed and President Barack Obama signed the Don't Ask, Don't Tell Repeal Act of which created a future pathway to allow homosexuals to serve in the military.

The legislative repeal of the ban took effect on September 20, One year after repeal, a study published by the Palm Center found that openly gay service has not resulted in a negative net impact to the U. Supreme Court's decision in United States v. Windsor , lawful same-sex spouses are afforded the same rights as heterosexual spouses.

Department of Defense regulations banning transgender persons from U. Homosexuals were prohibited from serving in the Uruguayan armed forces under the — military dictatorship, however this prohibition was lifted in when a new decree was signed by Defence Minister Jose Bayardi which provided that sexual orientation would no longer be considered a reason to prevent people from entering the armed forces. The Mexican Armed Forces ' policy on sexual orientation is ambiguous, leaving homosexual soldiers in a "legal limbo".

Officially, there is no law or policy preventing homosexuals from serving, and applicants are not questioned on the subject. In practice, however, outed homosexual soldiers are subject to severe harassment and are often discharged. One directive, issued in , described actions " en contra de la moral o de las buenas costumbres dentro y fuera del servicio [sic]" "contrary to morality or good manners on- and off-duty" as serious misconduct warranting disciplinary action.

Other references to morality are found throughout military documents, leaving room for interpretation with regards to sexual orientation. Although there is no clear position from current military leadership, several retired generals have agreed that homosexual soldiers were usually removed from service either through an encouraged withdrawal or dishonorable discharge.

Civil rights for homosexual citizens are guaranteed in South Korea under the Korean Human Rights Committee Law, but in practice homosexuals may still face discrimination during military service, which is mandatory for all male citizens. Conscripts are profiled at the time of enlistment and homosexuals may be categorized as having a "mental handicap" or "personality disorder", which may lead to a dishonourable discharge.

Article 92 of the Military Penal Code categorizes sexual relations between members of the same sex as "sexual harassment", regardless of whether it is consensual. Consensual sex between homosexuals may be regarded as "reciprocal rape", punishable by up to a year's imprisonment for both parties. These laws and practices have faced legal challenges during recent years. From Wikipedia, the free encyclopedia.

Same-sex unions and military policy. Transgender people and military service. Intersex people and military service. Sexual orientation and gender identity in the Australian military. LGBT policy in the Canadian military. In the past 20 years, the Canadian Forces has gone from being a homophobic organization that actively hounded out gay and lesbian members to one of the world's leading advocates of open integration. Homosexuality in the militaries of ancient Greece. LGBT rights in Russia.

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Sexual orientation and gender identity in military service - Wikipedia

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