Discrimination in the Military

The military’s infamous “Don’t Ask, Don’t Tell” policy requires gay, lesbian and bisexual service members to keep their sexual orientation secret and to refrain from same-sex conduct. The military may discharge service members who (a) state that they are gay or lesbian; (b) engage in same-sex sexual conduct; or (c) marry, or try to marry, someone of the same sex.

Legal challenges to the policy are currently pending in court. This issue may well reach the Supreme Court. The recent Lawrence v. Texas decision (2003), which made clear that there is a constitutional right to personal autonomy in intimate matters, including private sexual conduct, provides additional grounds for the Court to strike down “Don’t Ask, Don’t Tell.” Since Lawrence was decided, however, two new justices have joined the Court, and one of the justices who voted with the 6-3 majority in Lawrence has left. It is vital that we have independent judges throughout the federal courts, including, most importantly, on the Supreme Court, who will enforce constitutional rights for gay, lesbian, bisexual and transgender Americans and reject the discriminatory “Don’t Ask, Don’t Tell” policy.

Looking Ahead

New issues will also come before the courts, which will have the potential, as in the past, to define our right to privacy, to liberty, to equality. Having independent judges on the courts may very well mean the difference between equal rights and second-class citizenship for gay, lesbian, bisexual and transgender Americans.