By Lilly Shepherd
Web Content Intern
President Barack Obama pledged during his campaign to repeal the military’s “Don’t Ask, Don’t Tell” policy, which forbids openly gay men and women from serving. This law, put into place over a decade ago under the Clinton administration, has led to the firing of an estimated 13,000 soldiers so far. Nearly two years into Obama’s presidency, the future of this policy is still uncertain. On October 12, US District Judge Virginia Phillips ruled that the policy is unconstitutional, stating that it violates the First Amendment because it suppresses “speech regarding sexual orientation.” She followed-up by ordering the military to halt the investigation and suspension process for suspected gay service members. All of this came just weeks after a bill to repeal the same policy failed in the Senate, with a unanimous vote against the bill by Senate Republicans.
Those advocating for the repeal of “Don’t Ask Don’t Tell” invoke America’s founding values as their primary argument. As US Senator Joe Liberman (I-CT) stated, “to exclude one group of Americans from serving in the armed forces is contrary to our fundamental principles as outlined in the Declaration of Independence and weakens our defenses by denying our military the service of a large group of Americans who can help our cause."
Supporters of the status quo, however, assert that it would hinder unit cohesion and readiness to overturn the ban.
But, what does the empirical research show and what can we learn from other countries about this issue?
Over the past 20 years, a number of studies have been done that analyze the effects of legislation allowing openly gay citizens to serve in foreign militaries. In almost every study done, the findings indicate that the inclusion of homosexuals in the military has done no damage to unit cohesion or military effectiveness.
The Palm Center, a think tank at the University of California, has become one of the leading sources for research on the affects of homosexuals serving openly in militaries worldwide. Their experts point out that the US military has a long history of looking to foreign militaries as solid examples of how change can be effectively implemented throughout our armed forces.
Their report, titled “Gays in Foreign Militaries 2010: A Global Primer” by Nathaniel Frank, cites past studies on the effects of policy changes that allowed openly gay citizens to serve in the foreign militaries for the first time. Studies focused on Britain, Israel, Canada, and Australia and showed that the change rarely undermined morale, caused large resignations among service members, or caused mass “comings out.” Additionally, there have been few to no instances of increased harassment in most militaries. Threats by members of the military to quit if the policies changed were rarely seen to come to fruition. None of the countries studied had separate bunks or showers for gay troops and most countries made the change in a matter of months rather than attempting gradual implementation, as the Pentagon has been insisting would make for the smoothest transition in the US. And, it also cannot be overlooked that our troops have been working “shoulder-to-shoulder” for years now with countries that incorporate openly gay soldiers into their militaries, without having any negative impact on the effectiveness of the troops.
“Our research shows again and again that when (gay) bans are lifted, military performance does not decline,” said Aaron Belkin of The Palm Center. For example, Israel’s ban was lifted in 1993, the same year that America established “Don’t Ask, Don’t Tell.” A Palm Center study in 2000 found that even though “many heterosexual soldiers [continued] to object to homosexuality, the military’s emphasis on conduct and equal standards was sufficient for encouraging service members to work together as a team” without damaging unit cohesion.
Australia has seen similar results since its ban was lifted in 1992. Many Australian military commanders actually believe that the policy change helped to build greater unit cohesion and working relationships amongst the soldiers.
Finally, the United Kingdom, one of our greatest military allies, can also be seen as one of the greatest examples of successful incorporation of homosexuals into a military. Before the ban was removed in 2000, public opinion (70% of those polled) favored the inclusion of gays, despite the fact that the majority of those in the military said they found homosexuality “abhorrent”. This is much like the climate in the US today, the BBC pointed out. In the US, a Gallup poll in 2009 found that 60% of US citizens supported a removal of the ban, while a Military Times poll in 2008 found that 58% of active-duty respondents are opposed to its removal. In contrast, however, 73% of all military personnel have said that they are comfortable with homosexuals British troops have successfully operated in Iraq and have provided a shining example of success for proponents of a similar policy in the US. “People who oppose lifting the ban almost always make the same arguments, and once the ban is lifted, they almost always change their minds,” Belkin added.
The United States and Turkey are the only members out of NATO’s 28 member countries that still ban people who are openly homosexual from serving in the armed forces. Other countries that enforce a ban on homosexuals in the military include Cuba, China, Egypt, Greece, Iran, Jamaica, North Korea, Pakistan, Saudi Arabia, Serbia, Singapore, South Korea, Syria, Venezuela, and Yemen. In South Korea, the ban, which calls for up to a year in jail if violated, has been criticized by the National Human Rights Commission of Korea. It recommended to the Minister of Justice that the " Guidance on the Management of Homosexuals inside the Military" that came into force on April 1 2006, be changed to the " Guidance on the Protection of Human Rights of Homosexuals inside the Military" to guarantee the rights of sexual minorities. Those who defend the ban, however, worry that open homosexuality in the military “could get in the way of military efforts to achieve its goal of national defense, and could also undermine military order and morale,” according to The Korea Herald.
The Government Accountability Office’s 1993 report, Homosexuals in the Military: Policies and Practices of Foreign Countries, discusses the policies of many of these countries. In Greece, citizens are required to take a mental exam to determine if they have a “psychosexual disorder” such as homosexuality, before they can enlist in the military. In Turkey, open homosexuals are often fired on charges of “indecency.”
Former Army Lieutenant Dan Choi has been passionately working to overturn “Don’t Ask Don’t Tell” since his dismissal from the Army in 2009, a result of his coming out on the Rachel Maddow Show. A West Point graduate and Iraq war vet, Choi has been on a speaking tour to raise awareness for civil rights. On October 11, at an event at the Ohio State University, Choi discussed his experiences as a closeted member of the US military and responded to criticisms of openly gay service. While in Iraq, Choi began to feel that it was incredibly hypocritical to fight for freedom in Iraq -- where Shia Muslims used to have to practice their faith in secret to protect themselves from the oppressive Sunni majority led by Saddam Hussein -- while he had to keep his true identity secret. This caused him shame and feelings of self-hatred (an occurrence perhaps also evidenced by a recent spate of newsworthy suicides committed by young people allegedly bullied to death because of their homosexuality, or perceived homosexuality.) “The conflict is between the American promise and the American reality,” Choi said. Working closely with openly homosexual British troops only made it more difficult. He began to wonder why our allies had freedoms that he did not have and why he could not be himself at his job. “If [civil rights] do not exist for all, they do not exist for any,” stated Choi.
He went on to point out that the often made arguments against allowing homosexuals to serve in the military are just as unfounded as similar arguments that were made in opposition to African American service in the 40’s. When a law was passed stating that all races and religion have the right to serve, the armed forces adjusted quickly and African Americans were hugely involved in World War II and invaluable to our efforts in Vietnam. A Government Accountability Office report in 1992 backs up Choi’s comparison to integration of African Americans, stating how “dire consequences were predicted for maintaining discipline, building group morale, and achieving military organizational goals. None of these predictions of doom has come true.” Choi holds out hope that public opinion will soon convince policy makers to repeal this law. He said, “In a time of injustice and discrimination, it is crazy to do nothing.”
There are individual cases that indicate strong resistance by military culture to the integration of openly-gay service members. However, the overwhelming story told by the social-scientific data is that a “feel free to tell” policy has not harmed morale in those countries with a policy of inclusiveness. According to the Servicemembers Legal Defense Network, a recent article in Joint Force Quarterly stated that there is “no scientific evidence to support the claim that unit cohesion will be negatively affected if homosexuals serve openly.”
Some prominent veterans in the United States recommend that a lengthy examination of the effect of a change should be done before we move forward. Senator John McCain (R-AZ), in the past had expressed his concern that Congress is trying to push through a change “without the input even of the chiefs of our services.” Defense Secretary Robert Gates and Adm. Mike Mullen, the military's top uniformed officers, have since gone on the record to state that the US ban should be removed but want to move slowly to ensure that military effectiveness doesn't suffer. Commander General David Petraeus also supports a change to the policy, though he noted that a review should be conducted to assess the potential affects of this change.
There is even some support for the idea that “Don’t Ask Don’t Tell” is actually detrimental to military operations. West Point cadet Alexander Reggio was awarded “Best Thesis” in 2005 for his paper that argued that the ban “widened the gap between civilian and military culture.” A 2008 article in Armed Forces & Society noted that the policy harms the military’s reputation because it is not in accordance with public opinion.
On October 15, the Palm Center released a statement accusing the Pentagon of ignoring scientific findings and continuing to assert that the sanctioned inclusion of openly gay service members would be “likely to impair unit cohesion, good order, discipline, and military readiness.” Belkin states that the key findings of 25 foreign militaries do no support this claim.
The U.S. military announced plans to appeal Judge Phillips’ decision and has asked her to allow them to reinstate the ban while they await the appeal, a request that she has formally refused. On October 17, she declared that while government concerns about military cohesion are important, “these interests are outweighed by the compelling public interest of safeguarding fundamental constitutional rights.” The Defense Department has so far complied with Phillips’ decision and ordered recruiters to allow openly gay citizens to fill out applications for the first time in history (tempering this order with the stipulation that they warn gay recruits of the court decision’s impermance). Among the first to take advantage of this opportunity was none other than Dan Choi, who announced on his Twitter account that he was filling out an Army application just one day after the announcement was made.
TALK BACK: Can lessons from the world on this issue be instructive to the United States?