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December 04, 1992 - Image 10

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Text
Publication:
The Michigan Daily, 1992-12-04

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Page 10-The Michigan Daily - Friday, December 4, 1992

T[ cly Tf1 IiT fT1 f T1\ X-

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Military Freedom Act of 1992 challenges Department of Defense, NROTC policies

Department of Defense, NROTC make positions clear

Military Freedom Act of 1992; military must accept

The following is the official policy
of the Department of Defense with re-
gard to the participation of homosexu-
als in the military. It is dated Sept.
1984.
It is Department of Defense policy
that homosexuality is incompatible with
military service.
The presence in the military envi-
ronment of persons who engage in ho-
mosexual conduct, seriously impairs
the accomplishment of the military
mission.
The presence of such members ad-
versely affects the ability of the armed
forces to maintain discipline, good or-
der and morale; to foster mutual trust
and confidence among servicemembers;
to ensure the integrity of the system of
rank and command; to facilitate assign-
ment and worldwide deployment of
servicemembers who frequently must
live and work under close conditions
affording minimal privacy; to recruit
and attain members of the armed forces;
to maintain the public acceptability of
military service; and to prevent breaches
of security.
On Jan. 16, 1981, a change to De-
partment of Defense Directive 1332.14,
"Enlisted Administrative Separations,"
was promulgated to reaffirm the De-
partment of Defense policy on homo-
sexuality and to clarify the procedures
to be used in processing homosexual

cases. The directive authorizes separa-
tion for a homosexual act (including
attempt and solicitation), admission of
homosexuality and homosexual mar-
riage. In such cases, separation is man-
datory unless the servicemember shows
that he or she is not a homosexual and
meets the other standards set forth in
the Directive.
The Directive also affords the right
to a board hearing in all homosexual
separations. Homosexuals will no
longer be processed under a new provi-
sion entitled, "Homosexuality."
Such servicemembers may receive
and Honorable or General (under Hon-
orable Conditions) discharge depen-

dent on their overall service record.
A Discharge Under Other than Hon-
orable Conditions may be issued under
the following circumstances: the act
was committed by use of force, coer-
cion or intimidation; with a person un-
der 16 years of age; with a subordinate
in circumstances that violate custom-
ary military superior-subordinate rela-
tionships; openly in public view; for
compensation; aboard a military vessel
or aircraft; or in another location sub-
ject to military control under aggravat-
ing circumstances that have an adverse
impact on discipline, good order, or
morale comparable to the impact of
such activity aboard a vessel or aircraft.

patriotism of all Americans regardless of1

All Naval ROTC participants are required to sign the following contract:
Eu.
"I understand that homosexuality is incompatible with military service and
that I may be disenrolled from my program for this reason. A homosexual is
defined as a person, regardless of sex, who engages in, desires tobengage in, or
intends to engage in homosexual acts. A homosexual act means bodily contact,
actively undertaken or passively permitted, between members of the same sex for
the purpose of satisfying sexual desires. I may be disenrolled if I (1) engage in,
attempt to engage in, or solicit another to engage in a homosexual act; (2) state
that I am homosexual or bisexual; or (3) marry or attempt to marry a person known
to be of the same biological sex.
I further understand that if I, at any time, am disenrolled from the Naval
ROTC program because of homosexuality, as defined above, I may be required
to repay all scholarship monies expended on my behalf."
Midshipman's Signature/Date

To following is a speech given by
Rep. Patricia Schroeder (D-Colo.) re-
garding the introduction oftheMilitary
Freedom Act of 1992.
One Vietnam veteran's tombstone
inscription reads, "When I was in the
military they gave me a medal for kill-
ing two men and a discharge for loving
one."
For the first 150 years of our
country's history, gay and lesbian
Americans served in our country's mili-
tary. And for the past 50 years, these
same Americans, regardless of their
conduct, devotion, and their accom-
plishments have been told they need
not apply to any branch of the armed
forces.Fortunately, this has not stopped
brave, patriotic gay and lesbian Ameri-
cans from serving their country. But
these brave Americans put themselves
at risk every time they answer a call to
service.
First, they put their lives on the line
for their country. Second, they risk be-
ing disgracefully cashiered if their
sexual orientation is discovered. We
should be thankful that they have ig-
nored this stupid policy. Our nation's
defense has gained the service of thou-
sands of good soldiers and sailors.
Department of Defense Directive

1332.14, which says homosexuality is
incompatible with military service, is
un-American because it judges people
by their being rather than their conduct
and because it arbitrarily excludes and
denies Americans equal opportunities,
particularly women, who are three times
more likely than men to be investigated
and discharged under this policy.
We have waited patiently for the
courts to overturn this ban on the
grounds that it is unconstitutional. We
have appealed to the President and the
Secretary of Defense with the argu-
ment that one's sexual orientation is

sexual orientation
irrelevant, and that the military is being
denied skilled, valued personnel.
Even Lawrence Korb, former As-
sistant Secretary of Defense for Man-
power in the Reagan Administration,
and officials within army headquarters
have argued for repeal. Those please
have gone answered. Now, Congress
must take it upon itself to change the
policy.
We can be silent about this invidi-
ous discrimination no more: Silence is
tantamount to complicity in the per-
petuation of prejudice, discrimination
and fear.

Military Freedom Act of 1992
H.R. 5208
The following is a bill to prohibit discrimination by the armed forces on the
basis of sexual orientation
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
Section 1. Prohibition of the discrimination in the military on the basis of
sexual orientation
(a) IN GENERAL - No member of the armed forces, or person seeking to
become a member of the armed forces, may be discriminated against by the armed
forces on the basis of sexual orientation.
(b) PRESERVATION OF RULES AND POLICIES REGARDING SEXUAL
MISCONDUCT - Nothing in subsection (a) may be constructed as requiring
the armed forces to modify any rule or policy regarding sexual misconduct, but
such rules and policies may not be applied in a manner that discriminates on the
basis of sexual orientation.

c

I

The %)iejip gn {tnI classified
section is currently hiring creative,
business-minded freshpersons and
sophomores. Interested students
can apply at:
Students Publications Building
420 Maynard St.
Deadline: December 4th

P I. P
Professional
Insights
Program
Minority students from all majors translate
accomplishments, abilities and attributes
into career options for the future
Guest Speakers
Career Decisions
Resume Writing
Interviewing
Job Search
Registration deadline for Winter Term:
Tuesday, January 19

Write the Daily
The Daily encourages its readers to voice their opinions. All letters
should be 300 words or less. Op-ed pieces should not exceed 3,000
characters. Include your name and year in school Send all submission
to The Michigan Daily, 420 Maynard, Ann Arbor, Mich. 48109. The
editors reserve the right to edit all submissions for space and style.

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