Gay, Lesbian, Bisexual, and Transgendered (GLBT) Rights

Gay, Lesbian, Bisexual, and Transgendered (GLBT) Rights

As a candidate, Bill Clinton pledged to end the ban on homosexual service in the United States Armed Forces. Clinton’s support of what many believed was an important civil rights initiative won him many supporters on the left during the Democratic primaries. In January of 1993, President Clinton announced that he was putting together a plan that would end all discrimination based on sexual orientation. The announcement drew a firestorm of opposition both within and outside of the military. Even the Chairman of the Joint Chiefs of Staff Colin Powell criticized the new president’s plan. In response, Clinton agreed to a compromise measure, a relatively cumbersome standard that was soon labeled Don’t Ask Don’t Tell (DADT)The commonly used name for the Department of Defense policy regarding the eligibility of homosexuals desiring to serve in the US military. The policy barred military members to inquire about a service member’s gender orientation. It also permitted homosexuals who did not reveal their gender orientation to serve in the military, but it required dismissal of any self-acknowledged homosexual. The policy was enacted by President Bill Clinton in December of 1993 until a federal court ruling in July 2011 barred its enforcement.. The new policy still banned homosexuals from joining the military, at least officially, but also banned military officials from requesting any disclosures regarding a member’s sexual orientation. It also prevented service members from voluntarily disclosing such information. In effect, Don’t Ask Don’t Tell permitted homosexuals to join the military so long as they remained “in the closet.”

Many gay rights activists were disappointed that the president had compromised his original position. Critics pointed out that the new policy required soldiers to lie about their identity in ways that stigmatized homosexuality. Others recognized that the president’s position was still well ahead of public opinion and cost him political support among conservatives and some moderates. Millions within the religious right were appalled by Clinton’s new policy. The president’s relationship with many conservative military leaders was also strained and would only gradually recover during the final years of his second term. The next seven years of Clinton’s presidency demonstrated ideological inconsistencies regarding gay rights that likely reflected political calculations of Clinton’s advisors rather than the president’s personal views. In 1996, Clinton supported the Defense of Marriage Act that legally defined marriage as a union between a woman and a man. Two years later, and well past the final election of his political career, Clinton signed an executive order that outlawed discrimination against any federal civilian employee because of their sexual orientation.

Figure 14.16

A 2001 US Army training aid describing the kinds of information that would be considered as credible evidence that a soldier was homosexual.

In 2003, the US Supreme Court invalidated a Texas law that made same-sex intercourse a crime. Also in 2003, the Massachusetts Supreme Court ruled that same-sex couples were legally entitled to the same privileges and obligations enjoyed by opposite-sex couples who desired marriage. Officials and clergy in cities with large gay populations, such as San Francisco, also began performing marriages. However, the California Supreme Court quickly ruled that these unions had no legal basis. In 2008, the California Supreme Court reversed course, overturning a statewide ban on gay marriage. Despite conservative support, attempts to pass a Constitutional amendment banning gay marriage failed on numerous occasions. However, thirty states have adopted similar prohibitions against gay marriage within their state constitutions.

Because most of these states already prohibited same-sex marriage, few of these measures have had any legal impact upon state law. As a result, many political observers believe that these laws and amendments prohibiting gay marriage were placed on the ballot by conservative politicians as a way to rally their supporters and assure a large conservative turnout at the polls. Others point out that the adoption of a state constitutional amendment banning gay marriage reduces the likelihood that a state would revise existing prohibitions. In addition, these provisions encourage the denial of the health care coverage, survivor benefits, and other protections enjoyed by heterosexual couples. As of 2011, only seven states and the District of Columbia had issued marriage licenses to same-sex couples. A few other states recognize the legality of same-sex marriages performed in other states. Although the 1996 Defense of Marriage Act sought to “protect” states from being compelled to recognize the legality of same-sex unions performed in other states, the fact that states must recognize the legality of heterosexual marriages performed in the United States has led many to question the Constitutionality of the 1996 law.

Candidate Barrack Obama promised to repeal DADT during his 2008 campaign. However, after becoming the president and commander-in-chief, he deferred to military officials, most of whom were opposed or divided on the measure. Gay rights activists, veterans, active soldiers, and progressive military leaders continued to press for the repeal of DADT, even as the president remained silent on the issue. Polls indicated opposition to the repeal of DADT until 2011, when many within the Joint Chiefs of Staff expressed their belief that repeal would not compromise the effectiveness of the US military. In July of 2011, a federal court declared that the provisions of DADT were no longer enforceable. The decision legally opened military service to all Americans regardless of their gender orientation. The military has since revised its policies and now trains personnel that discrimination against a military member because of his or her gender orientation is impermissible.