The controversial issue of gays and lesbians serving in the
U.S. military didn’t start with Bill Clinton, although his administration’s
policies escalated it to a new level of importance.
Before World War I, the military had no set policy regarding gays and
lesbians serving in its ranks, but discharges for homosexual conduct
occurred nonetheless. After the war, with the proliferation of psychological
studies on sexual “inversion,” the Articles of War added consensual
sodomy as criminal behavior. By the start of World War II, gay and lesbian
recruits were routinely weeded out during the induction process for “psychiatric”
reasons.
But as the war effort-and the need for soldiers-grew, the military
relaxed the ban, and many gays and lesbians were allowed to enlist and
serve. It wasn’t until the war was winding down that the military once
again began to enforce its antigay regulations, issuing dishonorable “blue”
discharges to many gay service members. Crackdowns on gay and lesbian
personnel continued throughout the ‘50s and ‘60s.
As part of the gay rights movement that flourished in the 1970s, a number
of gay soldiers, beginning with Sgt. Leonard Matlovich, mounted unsuccessful
legal challenges to the dismissal of homosexuals from the military. Then, in
1981, the Department of Defense wrote into its policy that “homosexuality
is incompatible with military service,” requiring discharge for any person
“who engages in, desires to engage in, or intends to engage in homosexual
acts.”
During the 80s, more queer service members tried to fightthe military’s
policy. There were a few high-profile successes, like that of Sgt. Miriam
Ben-Shalom, who in 1987 was reinstated by the U.S. Army Reserves after a
10-year battle. More activists began calling for an end to the ban.
Then came Candidate Clinton. He first broached the subject of lifting the
ban at a speech at Harvard’s Kennedy School of Government in the fall of
1991. As the Democratic frontrunner in May 1992, Clinton made a historic
announcement at a gay campaign fundraiser in Hollywood.
After being introduced by David Mixner-an out gay man who advised Clinton
on gay-rights issues-Clinton vowed that, if elected, he would take swift
action against the DOD’s antigay policy. Although the promise didn’t
raise much debate during the campaign, it did help garner Clinton a wealth
of gay contributions over the next several months and the support of an
overwhelming majority of gay voters in November.
Just days after his inauguration in January 1993, President Clinton
issued a memorandum instructing Defense Secretary Les Aspin to draft an
executive order ending antigay discrimination in the military. The memo was
met with fierce opposition from the Joint Chiefs of Staff, especially Gen.
Colin Powell, the chair; Sen. Sam Nunn (D-Ga.), chair of the Armed Services
Committee; and numerous members of both houses of Congress. Aspin urged
Clinton to delay the order, and the president quickly announced a six-month
review period, in which there would be a temporary suspension of gay
discharges and military officials could not question recruits about their
sexual orientation.
Throughout the spring of 1993, Congress held a series of heated hearings
on the military issue. Those in favor of lifting the ban often compared the
issue to racial segregation in the military before 1948. Opponents held that
allowing gays to serve openly would be “prejudicial to good order and
discipline” because of the military’s “close quarters.” One
witness-Col. Fred Peck, whose own son was gay-said he would never want his
son to serve for fear “his life would be in jeopardy from his own troops.”
The sensational press the hearings garnered helped stir up public opinion
against gays serving in the military.
In the face of such strong opposition, the Clinton administration
abandoned the idea of lifting the ban completely, although the president was
adamant that the revised policy be conduct-based-”not what they are, but
what they do,” as Aspin explained to the Armed Services Committee. In July
of that year, Clinton announced the compromise he and Nunn had reached, a
policy whose guiding principles had become known as “don’t ask, don’t
tell, don’t pursue.”
Under this plan, gay people could ostensibly serve in the military-as
they always had-as long as they didn’t mention their sexual orientation.
No one in the military could ask them about their sexuality, which was
considered a “personal and private matter.” Only “homosexual conduct”
could lead to discharge.
But that fall, Congress codified the policy in the Defense Authorization
Act, using much different language. The new law weakened the distinction
between homosexual status and conduct and asserted that homosexuality is an
“unacceptable risk ... to unit cohesion.”
Further, the new legislation made it impossible to change the military
policy by executive decree.
Since that time, gay discharges have, ironically, increased. Many of
these discharges have occurred within the first months of service. This may
be in part because gay recruits realize they’re facing a hostile
environment and “tell” to be released from service, since harassment of
gay-or presumed gay-service members has also risen since 1993. The beating
death of Pvt. Barry Winchell by a fellow soldier in 1999 drew public
attention to an alarming level of antigay harassment that was going
unchecked by military officials.
Soon after Winchell’s murder, Clinton himself pronounced “don’t
ask, don’t tell” a failure.