COMPREHENSIVE PROPOSAL FOR LIFTING THE BAN
ON GAY, LESBIAN AND BISEXUAL SERVICEMEMBERS
IN THE UNITED STATES MILITARY


PROPOSAL SUMMARY



1.	No Discrimination Based Upon Status:  The mere 
acknowledgment of being a gay person should not be a basis 
for precluding that individual from serving in the armed 
forces, even when the person's gay status is known to 
others in the military.

2.	No Discrimination Based Upon Private, Consensual 
Conduct: Private, consensual gay conduct should not be a 
basis for discharge. It is disingenuous to allow people to 
stay in the military if they "say" they are gay, but to 
discharge them if they live out that fact in their private 
lives.  

3.	No Prosecution of Private, Consensual Sodomy by Gay 
or Straight Personnel:  Article 125 of the Uniform Code of 
Military Justice (UCMJ) prohibits sodomy (oral or anal sex) 
between people of the same or opposite sex.  

The military traditionally has not prosecuted private, 
consensual sodomy between heterosexual adults under 
Article 125.  The same approach should be followed with 
regard to gay personnel and the Military Prosecutor's 
Manual should be amended to reflect this approach.  
Articles 133 and 134 of the UCMJ should also be applied in 
an evenhanded manner.

4.	Apply Sexual Misconduct Regulations in an Even-
handed Manner: A strict code regulating sexual misconduct 
should be developed and enforced across the board.  All 
inappropriate sexual conduct -- such as sexual harassment, 
fraternization or sex in the barracks -- is detrimental to the 
military mission, whether practiced by gay or straight 
personnel.  

5.	Continue to Discourage Public Displays of Affection On 
Base and/or in Uniform: Public displays of affection, on base 
and/or in uniform, have long been prohibited by the 
military, sometimes by tradition and custom and 
sometimes by service policy or regulation.  This prohibition 
should continue, with discretion in application left to the 
base commander as has traditionally been the case.  A 
special rule prohibiting public displays of affection by gay 
personnel is unnecessary and should not be established.

6.	Make "Whole" Any Service Person Discharged or 
Disciplined for Gay Status or Private Gay Conduct During 
the Clinton Administration:  President Clinton stated that 
such individuals would be "made whole."  Reliance on such 
a position led some persons to acknowledge their gay 
status or to admit to private gay conduct.  Such individuals, 
as well as individuals currently in litigation, should be 
reinstated to their positions with seniority and receive 
backpay, if no aggravating circumstances existed in their 
discharges.

7.	Personnel Who Were Discharged, or Resigned in Lieu 
of Separation (Without Aggravating Circumstances) Prior to 
the Clinton Administration Should Have the Right to be 
Reinstated:  Compensation of these individuals for the 
injury suffered should occur through the application of 
maximum good-faith efforts to place these individuals in 
desirable positions for which they are qualified.  

8.	Non-discrimination in the Application of Privacy 
Rights:  All military personnel have a legitimate right not to 
be harassed or threatened with inappropriate sexual 
conduct.  Sexual harassment, including sexual 
propositioning, should be severely restricted, whether 
engaged in by gay or straight personnel.  Discomfort in 
living arrangements, while felt by some straight personnel, 
is not a sufficient factor to prohibit an entire class of 
individuals from serving in the military.  Such discomfort 
should be managed and mitigated by good military 
leadership.

9.	Base Commander Discretion Should Continue to be 
Applied with Regard to First Amendment Rights:  Gay 
support groups may be permitted to organize in the 
military to the extent that other support groups have been 
permitted to organize, subject to the discretion of the base 
commander.  The courts have consistently allowed the 
military to limit speech deemed detrimental to good order 
and morale.  

10. 	Provision of Benefits Should Follow Existing Federal 
Agency Policies:  No federal agency currently provides 
benefits to partners of gay employees.  No changes in 
military benefits will occur upon the lifting of the ban.  
Realistically, any benefit changes will occur only if such 
changes are made for the federal workforce as a whole.


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Prepared by the Legal/Policy Department of the Campaign 
for Military Service.   2707 Massachussetts Ave, NW   
Washington, DC 20009.  (202) 265-6666.