Don't ask, don't tell policy and its military implications

¶ … Remarks for Presentation to the Military Personnel Subcommittee of the House Armed Services Committee

Honorable members of the Military Personnel Subcommittee, thank you for this opportunity to provide my opinions concerning the Don't Ask, Don't Tell policy that has constrained the armed forces since it was implemented by President Clinton in 1993. As a disabled combat veteran of the war on terrorism with two tours in Iraq, I feel particularly qualified to share my views on this subject. The time has come for the United States to eliminate this ill-conceived policy that has adversely affected the ability of tens of thousands of soldiers, sailors, airmen and marines, as well as the officers who lead them, to serve openly in the U.S. military. This policy may have seemed like a good idea when it was implemented 18 years ago because it did at least provide a way for homosexuals to serve their country, it was wrong then and it is certainly wrong now. Even the name of the policy, "Don't Ask, Don't Tell," conveys a sense of shame and stigma that no longer have a place in America society. In fact, recent polls indicate that an overwhelming majority of American citizens support the ability of gays and lesbians to openly serve in the armed forces and despite what you may have heard to the contrary otherwise, many of my heterosexual friends who remain on active duty tell me they feel the same way.

During a period in the nation's history when the armed forces are spread razor-thin fighting a shooting war in Afghanistan, providing security for the fledgling government of Iraq and stability for the nations of Europe, as well as extensive troop concentrations in South Korea and the Pacific Rim, the U.S. military does not have the luxury of turning away otherwise qualified recruits for active service based simply on their sexual orientation. Certainly, we could reinstate the draft but this would mean that the lives of millions of Americans would be disrupted when there are countless individuals ready, willing and able to serve their country if they were simply given the opportunity to do so.

Indeed, if the same rationale as explicated in the Don't Ask, Don't Tell policy was applied to the U.S. Congress, it is reasonable to suggest that many of you would not be sitting in this subcommittee today to even hear my testimony, let alone make an informed decision concerning what should be done. Does this mean that some of you may not be qualified to serve as Congressmen and women because of your sexual orientation? Of course not, but far too many honorable and brave servicemen and women have been discharged from the armed forces in recent years simply because they had the courage and fortitude to stand up for what they believe in, which is equal rights for homosexuals -- something it clearly set forth in the Fourteenth Amendment to the U.S. Constitution.

As you know, the Fourteenth Amendment clearly states: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Furthermore, it is impossible to determine how many otherwise-qualified individuals were dissuaded from serving in the armed forces because of the Don't Ask, Don't Tell policy, but it is also reasonable to suggest that the figures are high and the need for their service is great.

The United States is proud of its heritage of being a nation of laws, and the laws that apply in the case of Don't Ask, Don't Tell make it abundantly clear that this archaic relic of the past is no longer relevant in the 21st century. This is not to suggest, of course, that we should lower our standards to qualify for military service or that homosexuals should be singled out for recruiting, but it is to say that an individual's sexual orientation simply should not be an issue when it comes to serving in the armed forces. In fact, although the Uniform Code of Military Justice does not specifically prohibit homosexuals serving in the armed forces, it does set forth what constitutes a criminal act that can ruin an individual's military career and place him or her in the stockade with a corresponding loss of privileges, pay and a dishonorable discharge upon completion of the sentence.