Quote:
Originally Posted by Drolefille
DADT is a law but didn't amend the UCMJ. It just said that you couldn't seek out whether or not someone was gay and that as long as the person didn't "admit" to it they could be gay in the military.
The UCMJ currently states that homosexual conduct (not like on the front lines but AT ALL) is grounds for separation. (The policy is in pdf form here) And it puts into practice this US Code:
10 USC 654
So, currently, revoking DADT doesn't solve the problem that being gay in the military will get you discharged. |
Drolefille: Just to clarify...DADT is not part of the "punative articles" of the UCMJ (i.e., the specific criminal laws that a service member can face a courts martial for violating, for instance Article 92 - disobeying a lawful order, Article 120 - Rape, etc.). A soldier can't be criminally charged for "being gay," but they can be ADMINISTRATIVELY separated under the provisions you quoted, which is like being "fired for cause." Most administrative separations in the military are for things like poor performance, losing a security clearance, drug and alcohol rehab failure, failure to pass physical fitness tests, etc.
It should be pointed out that a service member can face charges under the UCMJ for homosexual conduct, such as rape, carnal knowledge, indecent exposure, prostitution, etc. In my opinon, this is even MORE of a reason to repeal DADT, since there are mechanisms in place to prosecute service members of any sexual persuasion for inappropriate conduct.
One last thing: There was a recent change (largely unnoticed by the media) concerning what can be used to trigger an investigation into sexual orientation status. It was mainly a list of what CAN'T be used: Information that comes up in a security clearance investigation and anonymous "informants" chief among them, as these were two of the main reasons these investigations would be started in the past.
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