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Tuesday, February 2, 2010
DoD Plan Would Violate 1993 Eligibility Law and Demoralize Troops
In their testimony before the Senate Armed Services Committee today, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff should not compromise principle by proposing an unworkable plan to undermine the 1993 law regarding homosexuals in the military (Section 654, Title 10). As reported by the Washington Post, the testimony that Secretary Robert Gates and Adm. Mike Mullen are expected to deliver suggests an irresponsible plan that would incrementally eviscerate the law by unilaterally suspending its enforcement for specious reasons.
Such a plan would create an incentive for "third parties" to guarantee retention of gay partners in the military simply by identifying their partner as gay. Homosexuals would become a protected class under standards different from everyone else. This would constitute a clear violation of the 1993 law stating that homosexuals are not eligible for military service, and establish a double standard that, in the name of "consistency," weakens discipline across the board.
Finding #9 in the law could not be more clear: "The standards of conduct for members of the armed forces regulate a member's life for 24 hours each day beginning at the moment the member enters military status and not ending until that person is discharged or otherwise separated from the armed forces." Finding #10 reads, "Those standards of conduct, including the Uniform Code of Military Justice, apply to a member of the armed forces at all times that the member has a military status, whether the member is on base or off base, and whether the member is on duty or off duty."
Furthermore, Finding #13 clearly asserts: "The prohibition against homosexual conduct is a long-standing element of military law that continues to be necessary in the unique circumstances of military service." There is nothing in the actual law that authorizes the institutional dishonesty inherent in Secretary Gates' and Adm. Mullen's reported plan to establish a double standard for homosexuals who are not eligible to serve in the military.
The Secretary of Defense does not get to choose which laws he will enforce and which ones he will not. Nor does he have the power to issue regulations that contradict the law, creating confusion and demoralizing the troops in order to help President Obama deliver on a political promise.
If the Defense Department excuses the behavior of personnel who show poor judgment by engaging in homosexual conduct revealed by others, there will be more misconduct, not less. This is a plan for officially condoned indiscipline, in violation of the clear language and intent of the law.
Background:
This article provides background on the genesis of Secretary Gates' peculiar comment about more "humane" ways to enforce the 1993 law:
Defining Discipline Down
In most cases, homosexuals reveal themselves to be gay, and they are honorably discharged. If credible information comes to the attention of military authorities, and there are no unusual circumstances that rebut the reasonable "presumption" of homosexual conduct, the person in question is subject to discharge, usually honorable. Anyone who engages in homosexual conduct is, by definition, not eligible to be in the armed forces.
President Obama is promoting a new "LGBT Law" for lesbians, gays, bisexuals and transgenders in the armed forces. A bill co-sponsored by Rep. Patrick Murphy (D-PA) and more than 180 others, H.R. 1283, would forbid discrimination based on "homosexuality or bisexuality, whether the orientation is real or perceived." If passed, the law would be retroactive-allowing re-entry and restored promotions for anyone previously discharged. The LGBT Law would apply to all units, including infantry battalions, Special Operations Forces, Navy SEALS and submarines, on a 24/7 basis.
As stated in the statute itself, "There is no constitutional right to serve in the military." Many groups of people who are patriotic are not eligible to serve in uniform, but everyone can serve our country in some way.
There is no way that a Pentagon panel of any size can come up with a plan to make the LGBT agenda work with no negative effects on recruiting and retention, morale, and readiness in the military. CMR has prepared charts illustrating just how radical the new LGBT Law for the Military would be:
Consequences of the Proposed New "LGBT Law" for the Military
More than 1,160 retired Flag & General Officers for the Military have personally signed a statement supporting the 1993 law, and expressing concerns about consequences of repeal that would "break the All-Volunteer Force."
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