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"Don't ask, don't tell" (DADT) was the official United States policy on military service of non-heterosexual people, instituted during the Clinton administration. The policy was issued under Department of Defense Directive 1304.26 on December 21, 1993, and was in effect from February 28, 1994, until September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while barring openly gay, lesbian, or bisexual persons from military service. This relaxation of legal restrictions on service by gays and lesbians in the armed forces was mandated by Public Law 103–160, which was signed November 30, 1993. The policy prohibited people who "demonstrate a propensity or intent to engage in homosexual acts" from serving in the armed forces of the United States, because their presence "would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability".
Urvashi Vaid was an Indian-born American LGBT rights activist, lawyer, and writer. An expert in gender and sexuality law, she was a consultant in attaining specific goals of social justice. She held a series of roles at the National LGBTQ Task Force. She is the author of Virtual Equality: The Mainstreaming of Gay and Lesbian Liberation (1995) and Irresistible Revolution: Confronting Race, Class and the Assumptions of LGBT Politics (2012).
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) personnel are able to serve in the armed forces of some countries around the world: the vast majority of industrialized, Western countries including some South American countries such as Argentina and Chile in addition to South Africa, and Israel. The rights concerning intersex people are more vague.
Alan Greg Rogers was an ordained pastor, a U.S. Army major and intelligence officer, a civil rights activist in the gay, lesbian and bisexual military community and the first-known gay combat fatality of Operation Iraqi Freedom. The subsequent coverage of his death in the media sparked a debate over the effect of the military's "don't ask, don't tell" (DADT) policy and what information should be included in the biography of a gay military person killed in action.
Smith and Grady v UK (1999) 29 EHRR 493 was a notable decision of the European Court of Human Rights that unanimously found that the investigation into and subsequent discharge of personnel from the Royal Navy on the basis they were homosexual was a breach of their right to a private life under Article 8 of the European Convention on Human Rights. The decision, which caused widespread controversy at the time led the UK to adopt a revised sexual-orientation-free Armed Forces Code of Social Conduct in January 2000. In UK law the decision is notable because the applicants' case had previously been dismissed in both the High Court and Court of Appeal, who had found that the authorities' actions had not violated the principles of legality including Wednesbury unreasonableness, thus highlighting the difference in approach of the European Court of Human Rights and the domestic courts.
The United States military formerly excluded gay men, bisexuals, and lesbians from service. In 1993, the United States Congress passed, and President Bill Clinton signed a law instituting the policy commonly referred to as "Don't ask, don't tell" (DADT) which allowed gay, lesbian, and bisexual people to serve as long as they did not reveal their sexual orientation. Although there were isolated instances in which service personnel were met with limited success through lawsuits, efforts to end the ban on openly gay, lesbian, and bisexual people serving either legislatively, or through the courts initially proved unsuccessful.
The Don't Ask, Don't Tell Repeal Act of 2010 is a landmark United States federal statute enacted in December 2010 that established a process for ending the "don't ask, don't tell" (DADT) policy, thus allowing gay, lesbian, and bisexual people to serve openly in the United States Armed Forces. It ended the policy in place since 1993 that allowed them to serve only if they kept their sexual orientation secret and the military did not learn of their sexual orientation, which was controversial.
Women in the Israel Defense Forces have had a significant presence on the country's political scene since its independence in 1948. Israel is one of only a few countries in the world to have a mandatory military service requirement for women, though female conscription is limited to those who are ethnic Jews.
Unit cohesion is a military concept, defined by one former United States Chief of staff in the early 1980s as "the bonding together of soldiers in such a way as to sustain their will and commitment to each other, the unit, and mission accomplishment, despite combat or mission stress". This concept lacks a consensus definition among military analysts, sociologists and psychologists, however.
The direct ground combat exclusion rule of the United States Armed Forces, commonly referred as Combat Exclusion Policy, dates back to 1948 when the Women's Armed Services Integration Act excluded women from combat positions.
Sexual orientation and gender identity in the Australian military are not considered disqualifying matters in the 21st century, with the Australian Defence Force (ADF) allowing LGBT people to serve openly and access the same entitlements as other personnel. The ban on gay and lesbian personnel was lifted by the Keating Government in 1992, with a 2000 study finding no discernible negative impacts on troop morale. In 2009, the First Rudd Government introduced equal entitlements to military retirement pensions and superannuation for the domestic partners of LGBTI personnel. Since 2010, transgender personnel may serve openly and may undergo gender transition with ADF support while continuing their military service. LGBTI personnel are also supported by the charity DEFGLIS, the Defence Force Lesbian Gay Bisexual Transgender and Intersex Information Service.
Not all armed forces have policies explicitly permitting LGBT personnel. Generally speaking, Western European militaries show a greater tendency toward inclusion of LGBT individuals. As of January 2021, 21 countries allow transgender military personnel to serve openly: Australia, Austria, Belgium, Bolivia, Brazil, Canada, Chile, Czechia, Denmark, Estonia, Finland, France, Germany, Ireland, Israel, the Netherlands, New Zealand, Norway, Spain, Sweden, and the United Kingdom. Cuba and Thailand reportedly allowed transgender service in a limited capacity. In 1974, the Netherlands was the first country to allow transgender military personnel. The United States has allowed transgender personnel to serve in the military under varying conditions since President Joe Biden signed an executive order that allowed them to do so.
There have been women in the United States Army since the Revolutionary War, and women continue to serve in it today. As of 2020, there were 74,592 total women on active duty in the US Army, with 16,987 serving as officers and 57,605 enlisted. While the Army has the highest number of total active duty members, the ratio of women-men is lower than the US Air Force and the US Navy, with women making up 15.5% of total active duty Army in 2020.
There have been women in the United States Marine Corps since 1918, and women continue to serve in the Corps today. As of 2020, women make up 8.9% of total active duty Marines. The Marine Corps has the lowest percent of female service members of all of the U.S military branches. Women's presence in the Marine Corps first emerged in 1918 when they were permitted to do administrative work in an attempt to fill the spots of male Marines fighting overseas. It was not until 1948 that women were able to become a permanent part of the Corps with the passing of the Women's Armed Services Integration Act. However, even with the Integration Act, women were still banned from certain military occupation specialties. It was not until 2016 that Defense Secretary Ash Carter announced that all military occupations would be open to women without exception. As of 2018, there were 18 women serving in the Marine Corps combat arms. In December 2020, the Marine Corps Recruit Depot San Diego agreed to join the Marine Corps Recruit Depot Parris Island in accepting female recruits, with 60 female recruits starting their boot camp training at the San Diego depot in February 2021. 53 of these recruits would successfully graduate from boot camp in April 2021 and become Marines.
There have been women in the United States Air Force since 1948, and women continue to serve in it today.
The Army Equal Employment Opportunity Program (EEO) is a U.S. Army mandated program designed "to prohibit discrimination in employment because of race, color, religion, sex, national origin, reprisal, disability, age, sexual orientation, gender identity, status as a parent, or other impermissible basis, and to promote the full realization of EEO through a continuing diversity and inclusion program".
In the past most lesbian, gay, bisexual, transgender, and queer (LGBTQ) personnel had major restrictions placed on them in terms of service in the United States military. As of 2010 sexual orientation and gender identity in the United States military varies greatly as the United States Armed Forces have become increasingly openly diverse in the regards of LGBTQ people and acceptance towards them.
The Israeli military consists of the Israel Defense Forces and the Israel Border Police, both of which engage in combat to further the nation's goals. Israel's military is one of the most accommodating in the world for LGBT individuals. The country allows homosexual, bisexual, and any other non-heterosexual men and women to participate openly, without policy-based discrimination. Transgender men and women can serve under their identified gender and receive gender affirming surgery. No official military policy prevents intersex individuals from serving, though they may be rejected based on medical concerns.
This overview shows the regulations regarding military service of non-heterosexuals around the world.
South Korean military laws and procedures discriminate against sexual minorities, or lesbian, gay, bisexual, transgender, and queer (LGBTQ+) individuals, who serve in the military. At the time of enlistment, recruits are categorized based on their physical and mental health. Sexual minorities can be marked as having a “mental handicap” or “personality disorder,” which determines their status and duties as personnel. They can also be institutionalized in a mental facility or be dishonorably discharged. Military personnel have reported experiencing harassment, violence, and forcible revealing of their sexual orientation and/or gender identity.
References
- ↑ "Morale and Cohesion in Military Psychiatry, Fred Manning, p.4 in Military Psychiatry: Preparing in Peace for War, ISBN 0160591325; Manning cites Meyer, EC, "The unit", Defense, 1982;82(February):1-9
- ↑ Brian Palmer (2010), "Pentagon Sees Little Risk in Allowing Gay Men and Women to Serve Openly" Slate , Dec. 1, 2010
- 1 2 3 4 Henning 2009
- ↑ Sexual orientation and U.S. military personnel policy: options and assessment. National Defense Research Institute (U.S.), United States. Dept. of Defense. Page 171, 'Racial Integration, Unit Cohesion, and Military Effectiveness.'
- ↑ Rooks, Sheri Crowley. "Looking at G.I. Jane through Lenses of Gender".
According to Mitchell (1991), when women and men work under stressful conditions in close quarters, sexual liaisons may become likely. These liaisons may threaten the stability of military families, disrupt discipline, and distract personnel from the mission.
- ↑ Halloran, Richard (3 September 1989). "FIGHTING WOMEN". New York Times. Retrieved 13 May 2011.
- ↑ McSally (2007). "WOMEN IN COMBAT: IS THE CURRENT POLICY OBSOLETE?" . Retrieved 2013-11-02.
- ↑ North, Oliver (December 3, 2010). "Is Wrecking the Finest Military In the World the Price We'll Pay for 'Don't Ask, Don't Tell'?". Fox News . Retrieved 2011-08-10.
- ↑ Urvashi Vaid, Virtual Equality: The Mainstreaming of Gay & Lesbian Liberation (NY: Doubleday, 1995), 176