The controversy over the nomination of Maj. Gen. Robert Clark to the rank of lieutenant general appears to have sharpened the military’s sensitivity to anti-gay hostility in its ranks. The nomination of Clark—who served as commanding officer at Fort Campbell, Ky., when Pfc. Barry Winchell was bludgeoned to death there because he was perceived to be gay—may or may not be blocked. But because of Winchell’s murder and allegations that Clark did not do all that he could to create a more positive climate under the military’s "don’t ask, don’t tell" policy, Clark’s promotion was not approved last year.

Winchell’s parents, Patricia and Wally Kutteles, have visited with a number of senators, including John Warner (R-Va.), Ted Kennedy (D-Mass.), Carl Levin (D-Mich.), and Jim Talent (R-Mo.), to express their concerns about the Army’s handling of their son’s death. Clark also met with the Kutteleses, but they did not receive a hoped-for apology from the general.

The Servicemembers Legal Defense Network (SLDN), which works to protect the rights of gay men and women in the U.S military, requested that the Senate Armed Services Committee hold a public hearing on the nomination. That hearing appears unlikely, but Warner, who chairs the Senate committee, has approved a second executive session in which Clark will testify. Clark’s promotion is on hold until the committee makes its recommendation.

"Even if Maj. Gen. Clark is confirmed this time," says SLDN Communications Director Steve Ralls, "Barry Winchell’s parents have sent one significant message to other generals facing promotion: That antigay violence on their watch doesn’t get a pass anymore."

An Army investigation determined that the Fort Campbell brass adequately enforced Pentagon policy on antigay harassment.

There is another view that it was the Army’s foot-dragging on drafting anti-harassment regulations—not Clark’s negligence—that allowed the antigay hostility to fester. Some Pentagon watchers regard Clark as one of "the good guys" in the military, noting that his response to Winchell’s death included putting together his own antiharassment program.

Another aspect of the Winchell case concerns the role of Secretary of Defense Donald Rumsfeld in approving high-level military promotions before they are sent to the White House. Rumor has it that Rumsfeld, supposedly unaware of the controversy surrounding Winchell’s death, sent the nomination to the president to forward to the Senate. After gay groups and others began to oppose the nomination, Rumsfeld allegedly began personally examining files of those nominated for high military promotion.

I queried the public affairs office of the Department of Defense (DOD) about this. They responded that current policy requires that the Defense Secretary be given all relevant information before promotions are sent to the White House. DOD also said that the policy was implemented in 1995, well before this incident. Moreover, other scuttlebutt has it that Rumsfeld has involved himself in the promotions process since he took office in 2001.

In any case, it appears that gay opposition to the Clark nomination may be chipping away at the homophobic policies long associated with the U.S. military. Coincidentally or otherwise, Parameters, a U.S. Army publication, recently published the conclusions of an academic study that found the military’s "don’t ask, don’t tell" policy is based on prejudice, not military necessity.