United States Code: Title 10,654. Policy concerning homosexuality in the armed forces | LII / Legal Information Institute
Care to try again?(b) Policy.ó A member of the armed forces shall be separated from the armed forces under regulations prescribed by the Secretary of Defense if one or more of the following findings is made and approved in accordance with procedures set forth in such regulations:
(1) That the member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are further findings, made and approved in accordance with procedures set forth in such regulations, that the member has demonstrated tható
(A) such conduct is a departure from the memberís usual and customary behavior;
(B) such conduct, under all the circumstances, is unlikely to recur;
(C) such conduct was not accomplished by use of force, coercion, or intimidation;
(D) under the particular circumstances of the case, the memberís continued presence in the armed forces is consistent with the interests of the armed forces in proper discipline, good order, and morale; and
(E) the member does not have a propensity or intent to engage in homosexual acts.
(2) That the member has stated that he or she is a homosexual or bisexual, or words to that effect, unless there is a further finding, made and approved in accordance with procedures set forth in the regulations, that the member has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts.
(3) That the member has married or attempted to marry a person known to be of the same biological sex.
Pages 17 and 18(1) Homosexual conduct is grounds for separation from the Military Services under the terms set forth in subparagraph 8.a.(2) of this enclosure. Homosexual conduct includes is
DoDI 1332.14, August 28, 2008
engaging in, attempting to engage in, or soliciting another to engage in a homosexual act or acts, a statement by a Service member that demonstrates a propensity or intent to engage in homosexual acts he or she is a homosexual or bisexual, or words to that effect, or a homosexual marriage or attempted marriage marriage or attempted marriage to a person known to be the same biological sex. A statement by a Service member that demonstrates a propensity or intent to engage in homosexual acts is grounds for separation not because it reflects the Service member’s sexual orientation, but because the statement indicates a likelihood that the Service member engages in or will engage in homosexual acts. A Service member’s sexual orientation is considered a personal and private matter, and is not a bar to continued service under this paragraph unless manifested by homosexual conduct in the manner described in subparagraph 8.a.(2) of this enclosure.
Well, What is more Precious to All of Us (Civilians) than Freedom of Speech (??) Therefore why can't a Pfc. tell a Brigadier General to "Go Get Fuc**d" and say "Have Fun Today- I'm Going into Town"
In the Civilian sector one can of course lose even a Sound solid good position in Industry by telling for example a CEO or equivilent the same thing. Someone at IBM,B of A, US Steel, Ford, MicroSoft, Quallcom, AIG, etc can do it any lose out totally - be even escorted off the premises - BUT - They don't get Locked up. In the Military YOU DO.
Anybody have a problem seeing it this way and WHY it's necessary??
Also, being that so many here are so full of advice on how the US Military should rearrange itself - I do wonder IF they've ever served .
By the way, I and many others who advocate for the repeal of DADT have in fact served. In fact, we have at least one active duty person here who advocates for it's repeal.
Speaking of authority, I wonder what Obama could do as Commander and Chief? Could he ignore the judges opinion and set the policy?