Inglés Wilbur J. Scott Transaction Publishers 18,32 €
1 de enero de 1968
Despite the amply documented presence of significant numbers of undeclared homosexual soldiers, sailors, and Air Force personnel, the official position of the American military since the Second World War has been to ban gay men and lesbian women from serving in the United States military. Enlistment of openly gay or lesbian military personnel has not been permitted; those already in the military service who have subsequently "come out" as gays and lesbians have been mustered out of the service, with no prospect of appeal.
Publicado: 1 de enero de 1968
Editorial: Transaction Publishers
Nº de páginas: 278
Colin Powell, chairman of the Joint Chiefs of Staff, shakes hands with a graduating student of Harvard University who's wearing a "Lift the Ban" sign, referring to the ban against gays and lesbians in the military. Powell gave the commencement speech to Harvard's 1993 graduating class. AP/WIDE WORLD PHOTOS. REPRODUCED BY PERMISSION. Published by Gale Cengage AP/WIDE WORLD PHOTOS. REPRODUCED BY PERMISSION.
By: Richard A. Peterson
Date: November 3, 1994
Source: United States Air Force, Judge Advocate General. "Memorandum for All Staff Judge Advocates and Military Judges." November 3, 1994. Reproduced as "Don't Ask, Don't Tell, Don't Pursue." Available online at http://dont.stanford.edu/regulations/AFmemo.pdf; website home page: http://dont.stanford.edu (accessed July 19, 2003).
Traditionally, the United States armed services have relied on two provisions for removing gays and lesbians from military services. In 1920, the Articles of War were amended, making sodomy a court martial offense. This regulation did not change until it was recodified as Article 125 of the Uniform Code of Military Justice (UCMJ) in 1951. The armed forces, in the past, have also removed gays and lesbians from the service through personnel regulations. Between the two world wars, the military attempted to exclude gays from entering the service by denying those deemed too feminine—those lacking sufficient facial and body hair. During World War II (1941–1945), the military devised psychological procedures to attempt to identify overt homosexual behavior at induction.
In 1981, the military issued Directive 1332.14, which, for the first time, bluntly stated that homosexuality was incompatible with military service. The directive provided mandatory discharge for any person who "engaged in, has attempted to engage in, or has solicited another to engage in a homosexual act." Between 1981 and 1990, the military discharged 16,919 personnel for sexual orientation and behavior issues. These discharges involved 1.7 percent of all involuntary discharges in the Department of Defense during this period. Although most of these discharges were honorable, the discharge papers clearly stated to future employers the basis for the discharge. In 1991, the issue of gays in the military became politicized when returning Gulf War (1991) veterans publicly announced their homosexuality and criticized military policy.
That October, presidential candidate Bill Clinton (served 1993–2001), speaking before Harvard University's Kennedy School of Government, stated that if elected he would issue an Executive Order ending discrimination in the military on the basis of sexual orientation. In December 1992, following Clinton's political victory, Colin Powell, chairman of the Joint Chiefs of Staff (JCS), warned the incoming administration that the JCS would resign en masse if the order were issued. The JCS was willing to scrap Directive 1332.14, but refused to change Article 125 of the UCMJ. The military argued that avowed gays would undermine unit cohesion. Opponents countered that the military policy was clearly discriminatory.
The high profile controversy was a difficult problem for President Clinton. His liberal supporters demanded that he keep his campaign promise. Conversely, Congress, the body with the sole authority to amend the UCMJ, would have overwhelmingly refused to codify the order—handing the new administration an early, high-profile defeat. In January 1993, to avoid the pending political defeat, Clinton ordered Secretary of Defense Les Aspin to consult with the military and develop a compromise proposal. Six months later, Aspin announced the administration's "Don't Ask, Don't Tell" policy, which allows gays and lesbians to serve as long as they do not proclaim their sexual orientation or violate Article 125. Further, the policy stipulates that military commanders may not initiate an investigation into an individual's sexual orientation without credible evidence. Because the policy did not have the force of law and could be repealed in 1993, Congress codified the policy with the passage of P.L. 103–160 by a veto-proof margin of 273–135 in the House, and 77–22 in the Senate, respectively.
Like all good compromises, the "Don't Ask Don't Tell" policy pleased no one. Conservatives condemned the policy because it eased the absolute ban on homosexuals in the military. Liberals criticized the policy because gays and lesbians were prohibited from revealing their sexual orientations. Unable to amend the law in Congress, liberals turned to the courts for legal redress. However, federal courts generally have been hesitant to become involved in this issue. Deferring to legislative and military experience and expertise, federal courts maintain that they "lack the competence" to overrule military decision in such matters. From 1994 to 2001, 7,800 gay service members were discharged from the military.
Primary Source: Richard Peterson to All Staff Judge Advocates and Military Judges November 3, 1994
SYNOPSIS: In 1994, the Department of the Air Force issued this memorandum to all military judges to ensure that commanders comply with the "new" homosexual policy, codified by Congress in 1994. It also provides "tips" and "sample questions" for inquiry to determine whether credible evidence exists to initiate removal from the service.
FROM: HQ USAF/JAG
1420 Air Force Pentagon
Washington, DC 20330–1420
SUBJECT: Commander Inquiries on Members Stating They Are Homosexual
This is in response to the questions we have received about the impact of the U.S. Court of Appeals for the Ninth Circuit decision in Meinhold v. Department of Defense on the "new" homosexual policy. At the outset we stress that Meinhold is an "old" policy case. Neither the "new" DoD policy nor the Air Force implementation of the "new" DoD policy have been changed in response to the Meinholddecision. Nevertheless, the decision in Meinholdcannot be totally ignored. We need to make an effort to make
each administrative discharge case for homosexual conduct as legally unassailable as possible.
In spite of weaknesses in the court's reasoning, the decision has been made not to request reconsideration en banc from the Ninth Circuit or seek certiorari from the U.S. Supreme Court in Meinhold. We thus are left with a precedent in the Ninth Circuit that specifically recognizes that it is constitutionally permissible to discharge members for homosexual conduct. At the same time, the precedent essentially allows a court to retroactively reinterpret military regulations under the guise of making them conform to the constitution. Using this technique, the Ninth Circuit added to the "old" policy a new requirement that discharges solely based upon statements be supported by evidence reasonably demonstrating that an individual has a "concrete,"
"fixed," or "expressed" desire to commit homosexual acts.
Because the "new" policy has the added weight of Congressional hearings and is based on federal statute, it remains to be seen whether the Ninth Circuit can apply the reasoning of Meinhold to the "new" policy. Consequently, commanders should continue to apply the "new" policy as written. To the extent possible, consistent with the facts, separations should be initiated based upon acts or marriages; even Meinhold supports discharge based upon acts. When evidence or acts or marriages is not available, commanders should continue to initiate separations based upon statements alone.
Air Force policy requires a commander to have credible information that a basis for discharge exists prior to initiating an inquiry. We stress that the policy on homosexual conduct does notprohibit commanders from initiating inquiries on a member who states that he is a homosexual. In these cases, the inquiry establishes the facts and circumstances surrounding the statement, because statements of homosexuality have been used in an attempt to avoid military service or to avoid specific assignments or deployments. Factors of concern may include the timing of the statement in relation to an imminent PCS or receipt of education.
The most compelling cases for an inquiry are those in which the member has received substantial benefits from the government, such as advanced education or training, and then, just prior to entering on active duty, announce that they are homosexual. We have had five such cases since the implementation of the "new" policy, three involving medical school, one involving law school, and one involving graduate school. Four of the five cases have been processed within the Air Education and Training Command (AETC).
HQ AETC policy is that in cases in which a member states that he is a homosexual after receiving substantial government benefits, but before fulfilling his military obligations, a judge advocate normally will be appointed to conduct an inquiry. The purpose of the inquiry is to determine the truthfulness of the statement. The inquiry is conducted in accordance with DoD and Air Force policy. We recommend the practice of appointing judge advocates for these high profile cases, which usually involve physicians, because a judge advocate is much more likely to be able to perform a thorough inquiry within the parameters of the policy. A judge advocate need not be appointed as inquiry officer, however, in cases other than these high profile cases.
If after investigation, it is found that the statement is true and separation action is initiated against the member, the member may still be subject to recoupment action under 10 U.S.C. 2005. (See IMC 94–4 to AFR 39–10, AFI 36–3206, paragraph 4.37). A member, who is separated for the homosexual conduct of stating he is homosexual, is subject to recoupment if a finding is made that the member made the statement for the purpose of seeking separation. The fact that the statement is true does not protect the member from recoupment.
Whether a commander initiates an inquiry into a member who states he is homosexual is dependent upon the facts and circumstances of the case. For example, if the facts and circumstances raise concern that the member is making a false official statement to avoid military service, the commander may initiate an inquiry. The purpose of the inquiry is to determine if the commander possesses credible information upon which to initiate separation action or if other action should be taken because the member has made a false statement to avoid service; the intent of the member in making the statement also should be examined as being highly probative to recoupment. The purpose of the inquiry is not to discover evidence of homosexual acts or to ferret out other homosexuals in the military. If acts or other military members are discovered during the proper course of the investigation, however, appropriate action may be taken.
If your commander wants to initiate an inquiry into a member who has received substantial government benefits, we recommend you discuss the proposed inquiry with your MAJCOM. A judge advocate inquiry officer is not always necessary, but may be prudent in cases involving substantial government benefits because advocacy organizations or outside counsel may be involved. Two of our current cases are represented by the same civilian attorney, who we are advised also represents several other similarly-situated members in the other services. If an officer other than a judge advocate conducts an inquiry in this type of case, we strongly recommend a judge advocate serve as a very close advisor to the IO.
Attached are tips for officers appointed to inquire into this type of case and some sample pattern questions. Our POC is Major Mike Gilbert at DSN 224–4075.
Richard A. Peterson
Deputy Chief, General Law Division
Officer of the Judge Advocate General
Tips for Inquiry Officers of Cases Involving Members Who State They Are Homosexuals
You have been appointed to serve as an inquiry officer in a case involving a member stating he or she is homosexual or bisexual. Making such a statement is homosexual conduct that subjects the member to involuntary separation action because the statement creates a rebuttable presumption that the member engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts. Moreover, if the member has received educational assistance, special pay, or bonuses, the member may be subject to recoupment of an amount of government benefits proportional to the amount of the member's military service that has not been fulfilled.
The purpose of the inquiry is to determine if the commander possesses credible information upon which to initiate separation action or if other action should be taken because the member has made a false statement to avoid service. The intent of the member in making the statement also must be examined because it is highly probative to the issue of recoupment. The purpose of the inquiry is not to discover evidence of homosexual acts or to ferret out other homosexuals in the military. As an inquiry officer (IO), you must look at all relevant evidence to enable you to make a finding on the truth of the statement by the member that he or she is homosexual. You also should make a finding on the member's purpose for stating he or she is homosexual or bisexual.
You initially should interview the subject member. Ensure you notify counsel if the member already has retained counsel. You also should interview the following persons:
You should prepare a list of anticipated questions and forward them to your MAJCOM staff judge advocate for review and comment. Attached is a list of suggested questions for interviewing the subject member; many also can be used for other witnesses.
Sample Question for Inquiry Concerning Member Who States He Is Homosexual After Receiving Advanced Education Benefits
Review AFI 90–301, Attachment 5, which contains the script for introduction of an inquiry officer. (Also review Attachment 6 to AFI 90–301, which is an inquiry officer guide.) Tell the witness/subject member if you are recording the interview.
Berube, Alan. Coming Out Under Fire: The History of Gay Men and Women in World War Two. New York: The Free Press, 1990.
Scott, Wilbur and Sandra Carson Stanley, eds. Gays and Lesbians in the Military: Issues, Concerns, and Contrasts. New York: Walter de Gruyter, 1994.
Shilts, Randy. Conduct Unbecoming: Gays and Lesbians in the U.S. Military. New York: St. Martin's Press, 1993
Hackworth, David. "The Case for a Military Gay Ban." The Washington Post, June 28, 1992.
Service Members Legal Defense Network. Conduct Unbecoming. The Eight Annual Report on "Don't Ask, Don't Tell, Don't Pursue, Don't Harass," (2002) available online at ; website home page http://www.sldn.org (accessed April 4, 2003).
Department of Defense. "Washington Headquarters Services." Available online at (accessed April 4, 2003).
“And the Bride Wore…” Esprit de Corps 12(7) (July 2005): 18 (232 words)
Ref. CPI.Q index, which notes that this concerns Canadian Forces’
first same-sex marriage.
“Armed Forces Veteran Fights Bias against Gays.” Canadian Human Rights Advocate
Belkin, Aaron, and McNichol, Jason.
“Homosexual Personnel Policy in the Canadian Forces: Did Lifting the Gay
Ban Undermine Military Performance?” International Journal 56(1)
(Winter 2000-2001): 73-88.
“In the years since the ban was removed, it is argued that there have
been no negative side effects in the military’s performance” –from
Sociological Abstracts summary.
“Armed and Dangerous: A Gay Soldier on Misogyny, Homophobia and Racism
in the Canadian Armed Forces.” Rites. Nov./Dec. 1991, pp. 13-14.
Canada. Federal Court. Trial Division.
In the Federal Court of Canada, Trial Division, Toronto. Tuesday, the 27 th Day of
October, 1992, Present: The Hon. Mr. Justice William A. MacKay between
Michelle Douglas, Plaintiff, and Her Majesty the Queen, Defendant: Judgment .
Ottawa. Ont. Federal Court of Canada, Trial Division, 1992.
Ref. AMICUS catalogue record no. 13843104
Descriptor “ Canada – Armed Forces – Gays” is attached to this record.
“Congratulations.” Esprit de Corps 12(7) (July 2005). 42 (200 words)
Ref. CPI.Q index, which adds note about first same-sex marriage
in a military chapel.
“Defence Department Keeps Study Results Secret.” VancouverSun. December 17,
Enhanced title: Attitude of Military Personnel towards Allowing
Homosexuals into the Armed Forces.
“Armed and Gay: Homosexuals in the Military Face an Uneasy Welcome.”
Maclean’s [ Toronto ed.], May 24, 1993, pp. 14-15 (1372 words).
“ Canada lifted the ban on gays serving in the military in Oct. 1992 after
a lesbian lieutenant sued the military for discrimination. She won her case
and the armed forces were quietly integrated. There has been little public
outcry, but gays say social stigma makes it hard to be open” – summary in
Expanded Academic ASAP electronic index. Includes brief comparisons
with policies of six other countries.
“Homosexuality Destroyed Decorated Soldier’s Career.” TorontoStar.
March 15, 1986, p. A15.
Ref. Gary Kinsman, Regulation of Desire. 2 nd ed. p.208, ftnt. 153.
Concerns Herbert Frederick (Bert) Sutcliffe. Sutcliffe also apparently
prepared an unpublished[?] manuscript (1981) titled “Herbert Frederick
Sutcliffe, MBE, CD: An Autobiography.”
“Forces Agree to End Anti-Gay Policies: Ottawa Pays Former Officer $100,000
to Settle Rights Suit.” Globe and Mail. October 28, 1992, pp. A1, A8.
“Forces Firm on Ban of Homosexuals.” Globe and Mail. March 6, 1985, p. 9.
“Former Seaman Proud in Victory: Wrongfully Dismissed, Thwaites Helped Change
Military Policy toward Gays, AIDS.” Globe and Mail [Metro ed.],
December 23, 1996, p. A9.
About Simon Thwaites; wrongful dismissal suit.
Fournier, Michèle, 1976-
“Homosexualité, armée et police: état de la question et expériences vécues par les
militaires, policiers et policières gais selon leur propre point de vue. ”
Ph.D. thesis in criminology, Université de Montréal, 2006.
Refs. Université de Montréal library catalogue;
AMICUS catalogue record no. 33655761, which gives 2005 date.
“Gay Soldiers Wed. So?” Globe & Mail [ Toronto ], June 16, 2005. p. A20 (233 words).
“Negotiating Sexuality: Lesbians in the Canadian Military.” In Women’s Bodies/
Women’s Lives: Health, Well-Being and Body Image. pp. 254-277.
Edited by Baukje Miedema, Janet M. Stoppard, and Vivienne Anderson. Toronto.
Sumach Press, 2000.
Ref. Gouliquer chapter (chapter 24), p. 334, in Doing
Ethnography ( Toronto. Canadian Scholars’ Press, 2005).
User can note that several other [unpublished?] works by
Gouliquer are cited in this Doing Ethnography chapter; namely,
“What Gay Servicewomen Can Tell Us About the Gender Order,”
Proceedings of Feminisms Challenge the Traditional Discipline.
McGill Centre for Research and Teaching on Women (2001);
“Post-1992: The Canadian Military and Homosexuality,”
Experiences of Foreign Militaries Roundtable, Don’t Ask, Don’t
Tell: 10 Years Later Conference, Hofstra University. Hempstead.
New York. September 18-20, 2003 ; and “A Menace to the Gender
Order: The Management of Lesbian Sexuality in the Canadian
Military,” Unpublished MA research paper, McGill University.
1998. There is also reference to “Relocation, Isolated Post, and
Military Foreign Service Regulations – Same-sex Partner Benefits”
(National Defence Headquarters, Ottawa. CANFORGEN 055/97)
Gouliquer, Lynne, and Poulin, Carmen.
“For Better and for Worse: Psychological Demands and Structural Impacts on
Gay Servicewomen in the Military and Their Long-term Partners. ”
In Doing Ethnography: Studying Everyday Life. chapter 24 (pp. 323-335).
Edited by Dorothy Pawluch, William Shaffir, Charlene Miall.
Toronto. Canadian Scholars’ Press, 2005.
“A Lovely War: Male to Female Cross-dressing and Canadian Military
Entertainment in World War II.” Journal of Homosexuality 46(3-4)
(Jan.-Feb. 2004): 19+ (16 pages)
Ref. Expanded Academic ASAP index
“Homosexuals Unwanted in Forces, Beatty Says.” TorontoStar. February 12, 1987,
Jackson, Paul (Paul Norman), 1955-
“Courting Homosexuals in the Military: The Management of Homosexuality in
the Canadian Military, 1939-1945.” Ph.D. thesis, Queen’s University, 2002.
Refs. AMICUS record no. 28063759; Queen’s University Library
catalogue; and ProQuest Dissertations & Theses. ProQuest document ID
“The Enemy within the Enemy within. The Canadian Army and Internment
Operations during the Second World War.” Left History 9(2) (2004):45-83.
Assesses prevalence of homosexuality among the Italian and German
prisoners of war held in Canada during World War II.
One of the Boys: Homosexuals in the Military in World War II.
Montreal. McGill-Queen’s University Press, c2004.
(338 p.; ISBN 0773527710)
“Heterosexual Hegemony: Spooks in the Canadian State.” Canadian Dimension
28 (May-June 1994): 21-23 (1840 words).
“The Canadian government sponsored many anti-gay activities in the
1950s and 60s, including the firings of gays in [the] civil service. The
military saw homosexuality as a danger to national security, and
investigated ways to screen for homosexuality” – summary from
Expanded Academic ASAP electronic index. Not only RCMP involved,
but also a Professor Wake of Carleton University, who produced a 1962
report on pupillary response for detection of homosexuals.
Leadership and Diversity in the Canadian Forces: A Conceptual Model and
Research Agenda. [ United States ?] Department of Defense, Defense Technical
Information Center. 2006.
Ref. AMICUS catalogue record no. 33687548, which notes that this is
a contract report and notes the number W7711-03-7869 and reference
to Guelph University. The number A472963 is given in the publisher
field. There is a long list of descriptors applied to this record, among
which are Homosexuality, Diversity, Sexual orientation, and
Discrimination. Compiler does not know degree of relevance to this list.
“The Force Isn’t with You: Canadian Forces Survey Shows Bias.”
The Body Politic 131 (Oct. 1986): 13.
“Military Quietly Changes Policy on Homosexuals.” Globe and Mail. July 3, 1989,
Olson, Nancy Louise.
“Assembling a Life: The (Auto)Biography of Alexis Amelia Alvey, 1942-1945.”
MA thesis, Simon Fraser University, 1998.
“This thesis uses the papers of Alexis Alvey to make two arguments.
First, it was Alexis Alvey’s atypical femininity and ‘deviant’ sexuality that
put an end to her military career. Second, Alvey’s sexuality is implicit in
her collection [of papers], present everywhere but never articulated” –
abstract from ProQuest Digital Dissertations .
Ontario. Court of Appeal.
Between Graham Haig and Joshua Birch, Respondents (Appellants in Cross-
Appeal), and Her Majesty the Queen in Right of Canada and the Minister of
Justice of Canada, Appellants (Respondents in Cross-Appeal), and Canadian
Human Rights Commission, Intervener. Toronto, Ont. The Court, 1992.
Ref. AMICUS catalogue record no. 13852331.
Indexed as: Haig v. Canada (Minister of Justice)
Heard January 30 and 31, 1992; judgment August 6, 1992.
 O.J. No. 1609; Action No. 774/91.
AMICUS record includes “Canada – Armed Forces – Gays”
as one descriptor.
Open Secrets. Directed and written by José Torrealba ; produced by Germaine
Ying Gee Wong. Montréal. National Film Board of Canada, c2003.
(1 videocassette (52 min.); NFB catalogue no. 143C 9103 082)
Concerns gays in the Canadian armed forces, including during World War II
Park, Rosemary E.
“Opening the Canadian Forces to Gays and Lesbians: An Inevitable Decision but
Improbable Reconfiguration.” In Gays and Lesbians in the Military: Issues,
Concerns, and Contrasts. pp. 165-179. Edited by Wilbur J. Scott and Sandra
Carson Stanley. New York: Aldine de Gruyter, 1994.
Pinch, F. C. (Franklin C.)
Perspectives on Organizational Change in the Canadian Forces: Final Report,
April-June 1993. [Ottawa, Ont.?]: Department of Defense [DODXA], 1994.
(Contract no. MDA903-M-5414)
“This report reviews and synthesizes the background literature and other
documentation relating to transition from a homosexual ban to the
cancellation of the exclusionary policy in the Canadian Forces” –
NISC Gay & Lesbian Abstracts. Information in abstract indicates
that the report is available for order from NTIS in Springfield, Virginia.
“The Official Integration of Homosexuals in the CF (1969-1992).”
Esprit de Corps 11(7) (June 2004): 4+ (3 pages).
“‘The Military Is the Wife and I Am the Mistress’: Partners of Lesbians in the
Canadian Military.” Atlantis: A Women’s Studies Journal 26(1)
“Readmission of Lesbian to Army Recommended: No Security Risk, Watchdog
Finds.” Globe and Mail. August 16, 1990, pp. A1, A2.
Michelle Douglas: Charter rights violated, panel ruling.
“Military Joins Pride Parade [in Toronto ]. ” Toronto Star. June 29, 2008. n.p
Ref. an electronic version retrieved October 2, 2008 at:
Article notes that this was first time Canadian Armed Forces joined.
Mention also that Hamilton Gay Pride festival had banned military earlier
“A Lesbian Ordeal.” Saturday Night. August 1986, pp. 22-27.
Margo Pratt and Darl Wood; Canadian Forces Station, Shelburne. N.S.
“[The Security Intelligence Review Committee Told the Canadian Forces to Reinstate
a Lesbian Forced to Quit].” Canadian Human Rights Advocate 6(8)
Sokolsky, Joel J.
“Domestic Disturbances and the Military: The Canadian Experience.”
Parameters: Journal of the US Army War College 23(1)(Spring 1993):
“This collection offers a broad range of perspectives on service in the US military by lesbian and gay people. The editors, both sociologists, attempt to provide a "balanced and scholarly presentation" that sets out the historical and cultural context and explores the dimensions of the current debates. The editors' introduction and conclusion are clear and helpful. The volume is a must for collections in military science and organization, military history, and gender studies, and is a good option for collections in social sciences, including public policy. General readers, upper-division undergraduates, and above.”
—J. A. Brown, Choice
“[T]he collection edited by Wilbur J. Scott and Sandra Carson Stanley includes a wide range of opinions as well as expertise. The book is divided into five parts, each of which examinees a distinct aspect of the debate… It is clear that the editors worked hard to assemble a variety of perspectives… [T]his volume constitutes an important contribution.”
—Melissa S. Herbert, Contemporary Sociology
“The battle over President Clinton’s desire to lift the regulatory ban on homosexuals in the military was followed by a series of social science anthologies on that debate. The first was Gays and Lesbians in the Military. which was also the most sociological and presented the broadest range of opinion.”
—David R. Segal, Sociological ForumRelated Topics Customer Reviews Average Customer Review: Not yet rated
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