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Special Class Protections for Self-Alleged Gays: A
Question of "Orientation" and Consequences
A public policy analysis
by Tony Marco
Copyright Tony Marco, 1991-1994, all rights
reserved
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Behavior/"Orientation" vs. Ethnicity
- As Gen. Colin Powell has written (see Gen. Powell's remarks quoted
earlier in this analysis) there are significant differences between the
very concepts of racial and homosexual "integration." Racial
integration is based on the recognition that racial alienage is
non-behavioral in nature. Nor is racial alienage based
on mere fantasy if, as some gay militants insist,
special class protections for gays are not based on behavior, but on
"orientation." Again, to compare ethnicity with "sexual orientation"
is, as Gen. Powell pointed out "a convenient but invalid argument."
- The military has always maintained a deep-rooted historical
perspective recognizing sodomy as an unhealthy, unproductive practice
which (cf. the USAF Academy Department of Laws' publication Law for
Commanders) "endangers the well-being of the public at large" and
"violates the sense of [social] decency or morality." The Uniform Code
of Military Justice (UCMJ) defines sodomy (participation in anal or oral
sex with another person, or carnal copulation with an animal) as a crime
punishable by court martial. This Code, similar to Georgia's sodomy
statute, upheld by the U.S. Supreme Court in "Bowers vs. Hardwick,"
1986, is the basis for current DOD policy. We hold that such a view
does not reflect "homophobia" or any fear of homosexuals. Instead, this
view reflects military opinion that homosexual behavior does not
constitute an acceptable, healthy and socially beneficial
lifestyle, and homosexual desire does not constitute an
"orientation" conducive to the performance of the mission of the
military services.
- Pertinent in this regard is retired General William Weise's
analysis of a recent study of 102 cases during the period 1989-1992 of
punitive discharges of gays under the Uniform Code of Military Justice.
85% of these discharges involved non-consenting
victims. 63% of cases where both participants were military members
involved senior military personnel victimizing subordinates. 49%
involved homosexual molestation of children by military personnel. Only
12% involved off-base offenses (as reported in June 17, 1993 guest
column, "Goldwater currying favor with gay-rights lobby," Colorado
Springs Gazette Telegraph, pg. B-5, and "Army Investigation
Release of Data on Gay Crime," The Washington Times, June 9,
1993).
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Leadership U. All rights reserved.
Updated: 13 July 2002
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