commentary
Beyond the Briefs
Should gays, lesbians and women be exempt from the new draft?
Published Thursday, 13-Sep-2007 in issue 1029
We have been seeking the end to “Don’t Ask, Don’t Tell” (DADT) since Congress enacted it in 1992. It didn’t solve the problem of anti-gay bias in the military.
In the last few weeks, we’ve learned that top military brass wants the policy re-examined, with an eye towards ending it.
Ironically, we also learned that military officials are suggesting a return to the draft. Interesting timing?
Inevitably, DADT will end and gays and lesbians will be able to serve openly. That’s the good news.
The bad news is that if a draft is imminent, there will be little to stop gay men from being drafted and forced to serve.
It’s become fairly clear that al-Qaida plans to strike here again, and that this time the attack will involve true weaponry of mass destruction.
Obviously, we hope that doesn’t occur and believe a change in leadership in the White House may help deter it.
But if we or our friends and relatives are vaporized by nuclear fallout, there will be a draft and continued war.
During the Iraq war, we’ve learned that our volunteer military is too stretched. We have seen our loved ones serve well beyond anything approaching normal or healthy tours of duty.
Given the current military climate, should the Department of Defense draft openly gay men, they would not be safe. It’s hard to fathom how men and women in uniform could be hostile towards anyone fighting with them to defend the Bill of Rights. But we’re not naïve.
The threat of a draft is motivating some of us to look ahead and to attempt to discuss (now, while we are not in a state of siege) just what the nation’s draft policy should be.
For some, strangely enough, they would prefer that DADT doesn’t end. They want gay men to be able to escape conscription on the basis of their sexual orientation.
Aside from moral reasons about war, they fear that the military has suffered from so many years of homophobia that openly gay men would not be safe.
They also argue that gay men should not be drafted because gay men (and lesbians) don’t have true equality in the United States given the existence at least of DOMA and the unlikelihood of federal recognition of same-sex marriages.
I agree with concerns about military climate for openly gay men (and women). While we know that there are many openly gay and lesbian military personnel, it’s because they choose to be so in their units. But most others continue to serve in silence, fearing not just separation (discharge), but death or other threats to their personal safety.
Given the current military climate, should the Department of Defense draft openly gay men, they would not be safe. It’s hard to fathom, though, how men and women in uniform could be hostile toward anyone fighting with them to defend the Bill of Rights. But we’re not naïve. Some suggest that if gay men are drafted, it should be their option to serve.
But others believe that, if there is a draft, all men should serve without regard to sexual orientation. Federal law requires all males between 18-26 to register for the draft. It doesn’t exempt gay or bisexual males. Persons refusing to register do suffer consequences, such as being unable to receive federal financial aid.
Before the next Sept. 11, and before DADT ends, we need to have this debate about what should happen in case of a draft.
Robert DeKoven is a professor at California Western School of Law.
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