Military Policy toward Homosexuals: Scientific, Historic, and Legal Perspectives
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
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This thesis examines military policy toward homosexuals. Scientific, historic, and legal perspectives are reviewed as they relate to current policy and the distinction between homosexual acts and homosexual status. The author contends that the current policy on homosexuality is legal, but that it can be improved upon by making homosexuality a waivable disqualification for accessions. As to separation, Service Secretaries and commanders should have the discretion to retain homosexuals who meet certain criteria. Finally, the military should not separate personnel based on statements of sexual orientation alone, but should also require evidence of prejudice to good order and discipline. A multidisciplinary approach is used to reach these conclusions. Part II relies on science to explain why homosexuals exist, in what numbers, and the relationship of homosexuality to concerns other than sexual orientation. Part III is a history of the treatment of homosexuals in the Armed Forces, with emphasis on treatment in the U.S. Army. National and international trends are also addressed. Part IV is an analysis of the legal arguments that have been made for and against homosexual efforts to serve in the armed forces. Emphasis is placed on equal protection analysis, as the fundamental rights prong of that analysis seems to be the best remaining argument in the homosexual arsenal. Part V is a critical appraisal of current policy, with suggestions for improvement.
- Sociology and Law
- Personnel Management and Labor Relations
- Military Forces and Organizations