GAYS IN THE MILITARY
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President Clinton addressed the issue of gays in the military as one of the first issues in his administration, and he was roundly criticized for making this his first challenge. He had originally proposed eliminating the ban on gays in the military outright. Ultimately, though, Clinton settled for what has been characterized as a "don't ask, don't tell" policy. In essence, this leaves the ban on gays in the military in force in that any gay behavior would be grounds for dismissal. The new policy means that recruits will not be asked their sexual orientation, and if they do not tell, no one will challenge them. If they are found out to be gay, however, it is unclear what the consequences would be, which is one of the problems with the new policy. This is the dilemma now facing Horatio Hornblower--he is being asked to promise that he will not engage in any homosexual activity, and he feels this is an invasion of his privacy.The issue of homosexuality in any form is not addressed directly by the U.S. Constitution, though some case law has developed over issues related to homosexual rights in society. Recent cases have combined issues of homosexual rights with the question of privacy. The right to privacy is also not mentioned in the Constitution, though it has come to be championed as an unenumerated right existing in the penumbra of clauses in the Constitution. Cases involving the Fourth Amendment may deal wi
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to the military. Privacy rights do not always extend to those in the military. The military has a stated interest in discipline and order in its ranks, and it requires a number of things from those in the military that would not be required of those in civilian life. Many have sought greater privacy in sexual matters, both heterosexual and homosexual, and often homosexuals do so believing they are discriminated against because restrictions are placed upon them that are not placed on heterosexuals. Those seeking social control, whether they be the government, employers, or others, have long sought to circumscribe sexual activity. One way to do that is to lessen sexual privacy. In addition, there has long been a bias against homosexuals per se that has led to the passage of laws proscribing such activity (Smith, 1979, 276).
THE DEBATE
The Clinton policy as adopted generated opposition from both sides. The military seldom states arguments against letting gays serve except to say that it is Pentagon policy, a policy that states that "homosexuality is incompatible with military service" (Weisberg, 1990, 21). On the other side, lawyers from the Lambda Legal Defense and Education Fund assert their claims that the new policy vi
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Approximate Word count = 1615
Approximate Pages = 6 (250 words per page)
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