Log Cabin Republicans v. United States of America et al Doc. 157 Att. 3 Appendix of Evidence in Support of Log Cabin Republican’s Opposition to Defendants’ Motion for Summary Judgment LCR Appendix Pages 2501-3094 (Part 19 of 19) Dockets.Justia.com Servicemembers Legal Defense Network P.O. Box 65301 ★ Washington, DC 20035-5301 202.328.3244 ★ fax: 202.797-1635 [email protected] ★ www.sldn.org LCR 04532 LCR Appendix Page 2501 Dedication TO THE MEN AND WOMEN WHO ARE FAITHFULLY SERVING IN ENFORCED SILENCE TO SECURE FOR A MERICA THE FREEDOM THAT IS DENIED TO THEM. Acknowledgements SLDN would like to gratefully acknowledge the assistance of the entire SLDN staff in pro- ducing and distributing Conduct Unbecoming: The Ninth Annual Report on “Don’t Ask, Don’t Tell, Don’t Pursue, Don’t Harass.” We especially thank the authors and editors of this report, Jeffery M. Cleghorn, Sharra E. Greer, C. Dixon Osburn, Steve E. Ralls, and Kathi S. Westcott. We would also like to acknowledge Christopher Neff, Paula Neira and David W. Young for their contributions to this report. A Vision Freedom to Serve A Mission Servicemembers Legal Defense Network (SLDN) is a national, non-profit legal services, watchdog and policy organization dedicated to ending discrimination against and harassment of military personnel affected by “Don’t Ask, Don’t Tell” and related forms of intolerance. SLDN was founded in 1993 in the wake of the debate leading to “Don’t Ask, Don’t Tell.” SLDN has worked tirelessly to provide free legal services to those harmed by “Don’t Ask, Don’t Tell,” to protect service members from harassment and to press for changes that improve service members’ daily lives. SLDN has responded to over 4,300 requests for assis- tance and obtained almost three dozen changes to military policy and practice, including an Executive Order on hate crimes in the military. © 2003 Servicemembers Legal Defense Network LCR 04533 LCR Appendix Page 2502 SLDN BOARD OF D IRECTORS SLDN PERSONNEL BOARD CO-CHAIRS: C. Dixon Osburn, Esq., Executive Director Thomas T. Carpenter, Esq., Capt., USMC Gerald O. Kennedy, (former SPC5, USANG), (1970-1980) Los Angeles, CA Deputy Director Jo Ann Hoenninger, Esq., Lt., USAF (1978-1980) San Francisco, CA LEGAL / POLICY STAFF: Sharra E. Greer, Esq., Legal Director BOARD MEMBERS: MAJ Jeffery M. Cleghorn, Esq., USA (Ret.) Kathleen Clark, Esq. – St. Louis, MO Army/Marine Liaison Thomas C. Clark, CDR, USNR (Ret.) – New York, NY Christopher Neff, Policy Associate Amy S. Courter, Col., CAP – South Lyon, MI Kathi S. Westcott, Esq., Air Force/Coast Guard/ Anna M. Curren – San Diego, CA Navy Liaison The Hon. Romulo L. Diaz, Jr. – Philadelphia, PA Joe Tom Easley, Esq. – Miami, FL DEVELOPMENT STAFF: G. Christopher Hammet, LTC, USANG – David R. Bobbit, Director of Development San Antonio, TX Karen A. Armagost, Senior Development Associate Arthur J. Kelleher, CAPT, MC, USNR (Ret.) – for Membership & Database Management San Diego, CA Cristian Flores, (former SSgt, USAF), Huong Thien Nguyen, Esq. – San Francisco, CA Development Associate, Events Antonious L.K. Porch, Esq. – Brooklyn, NY Sarah L. Wentz, Development Assistant HONORARY BOARD: FINANCE & ADMINISTRATION STAFF: COL Margarethe Cammermeyer, USA (Ret.) Vibha Bhatia, Staff Associate for Operations MG Vance Coleman, USA (Ret.) Isaac Mintz, Senior Accountant BG Evelyn P. Foote, USA (Ret.) BG Keith Kerr, CSMR (Ret.) COMMUNICATIONS STAFF: Master Chief Petty Officer Vincent W. Patton, III, Steve E. Ralls, Director of Communications USCG (Ret.) BG Virgil A. Richard, USA (Ret.) MG Charles Starr, Jr., USAR (Ret.) RADM Alan M. Steinman, MD, MPH, USCG/USPHS (Ret.) LCR 04534 LCR Appendix Page 2503 Table of Contents Conduct Unbecoming: THE NINTH ANNUAL REPORT ON “Don’t Ask, Don’t Tell, Don’t Pursue, Don’t Harass” Executive Summary . .1 Spotlight: Services Continue to Discharge Linguists Critical to National Security . .7 What is “Don’t Ask, Don’t Tell, Don’t Pursue, Don’t Harass?” . .9 2002 Army Report . .13 Army Is Aiming in the Right Direction, But Still Missing the Target Spotlight: The Nomination of MG Robert T. Clark . .21 2002 Air Force Report . .23 Air Force: Searching For Strength In Diversity 2002 Navy Report . .27 Navy Meets Increased Workload with Split Personality Towards Lesbian, Gay and Bisexual Sailors 2002 Marine Corps Report . .33 Missing the Mark: The Marines and “Don’t Ask, Don’t Tell” 2002 Coast Guard Report . .39 Tides of Change: A Restructured Coast Guard Grapples with “Don’t Ask, Don’t Tell” Disproportionate Impact on Women and Youth . .43 Why Do Service Members Make “Statements?” . .47 End Notes (Unpublished documents cited and denoted with e are available in a separate volume from SLDN) . .51 LCR 04535 LCR Appendix Page 2504 LCR 04536 LCR Appendix Page 2505 Executive Summary GAY DISCHARGES DROP DURING TIME OF WAR BIGOTRY IS NOT A PART OF OUR SOUL. IT’S NOT GOING TO BE I A PART OF OUR FUTURE . THAT’S NOT THE AMERICAN WAY. TOTAL GAY DISCHARGES 1994-2002 1273 1 1241 President George W. Bush 1163 1007 1046 HOMOSEXUALS CAN AND DO SERVE HONORABLY IN THE 906 870 MARINE CORPS. HOMOSEXUALS CAN AND DO MAKE SOME OF 772 THE BEST MARINES. HOMOSEXUALS ARE CAPABLE OF MILITARY 617 SERVICE AND CAN AND DO PERFORM AS WELL AS ANYONE ELSE IN THE MILITARY. Official Memorandum from Twenty-nine Palms Marine Base2 History repeats itself. follow the official guidance at 1994 1995 1996 1997 1998 1999 2000 2001 2002 During any time of war or conflict Twenty-nine for America, gay discharges have Palms Marine Base, would rather dropped. Gay discharges decreased focus on the mission than on their during the Korean War, the Viet troops’ private lives. Perhaps because Nam conflict, the Persian Gulf War, commands are recognizing, as LTJG and now again during Operation Jenny Kopstein’s command did, that “sexual orientation [does] not disrupt Enduring Freedom.3 good order and discipline....” This year, gay discharges dropped to 906 from 1273 last year – the lowest The answer, we suspect, is all of the discharge figure since 1996. The above. Navy and Air Force both recorded the fewest number of gay discharges Discharges of highly qualified service since Congress codified “Don’t Ask, members, however, continue. In the Thirteen coalition Don’t Tell, Don’t Pursue, Don’t summer of 2002, the Army discharged partners in Operation seven linguists, all trained in Arabic, for Harass” into law in 1993.4 Enduring Freedom allow lesbian, being gay.5 They did so despite a critical gay and bisexual troops to serve Why? Perhaps because every service shortage of Arabic specialists. Even now, openly: Australia, Belgium, many more linguists who speak Arabic, Canada, Czech Republic, member, regardless of sexual orienta- Denmark, France, Germany, tion, is critical in our nation’s fight Farsi and Korean – the languages of the “Axis of Evil” - have been discharged or Great Britain, Italy, Netherlands, against terrorism. Perhaps because Norway, Spain and Sweden. many commanders, like those who are currently facing discharge. 1 LCR 04537 LCR Appendix Page 2506 At the same time, ironically, to be lesbian, gay or bisexual.8 The chorus of dissent from “Don’t American troops are serving along- American troops also serve with Ask, Don’t Tell” continues to grow. side thirteen coalition partners in civilians in the CIA, FBI, NSA and This year, the largest American- Operation Enduring Freedom who agencies inside the Department of based human rights group, Human have abandoned their bans on gays Homeland Security who do not face Rights Watch, issued a report calling serving in the military.6 According a gay ban.9 Public opinion polls the gay ban an affront to interna- to the Center for the Study of Sexual show that 72% of Americans sup- tional human rights.13 Human Minorities in the Military at the port gays in the military.10 A report Rights Watch called on President University of California, lifting these published in International Security Bush and Congress to repeal “Don’t bans have been “non-events.”7 argues that concerns about unit Ask, Don’t Tell.”14 cohesion not are supported by Lifting the ban in the United States empirical data.11 Military studies We agree. Our national security is military would be a non-event too. from the leading force management served when our national soul is free According to a recent survey, many researchers at RAND and from the bigotry of “Don’t Ask, service members report serving with PERSEREC seriously question the Don’t Tell.” The time has come to a service member whom they know efficacy of the military’s gay ban.12 lift the ban. INCOMPLETE: BUSH decline in harassment does not, (AHAP), the Bush Administration ADMINISTRATION FAILS TO however, reflect an elimination of has failed to implement the plan. IMPLEMENT ANTI-HARASSMENT serious anti-gay hostility in the ACTION PLAN armed forces. The military remains The Department of Defense has an unsafe place for lesbian, gay and failed to issue a single Department- bisexual Americans. Reports of anti- wide directive on harassment as Sen. Levin: Does [DoD] still support the gay harassment remain at disturbing- required by the AHAP. The directive 13-point Anti-Harassment Action Plan ly high levels. Other policy viola- was to “make clear that mistreatment, which was promulgated in July 2000? tions, asking and pursuing, also con- harassment, and inappropriate com- Mr. Abell: Yes, sir. It has been tinue at unacceptably high levels. ments or gestures, including that implemented by all three services. based on sexual orientation, are not Almost four years after soldiers mur- acceptable.”18 Further, according to Charles Abell, testifying before the Senate Armed Services dered PFC Barry Winchell for being the AHAP, “the directive should Committee during hearings to confirm his nomination as Principal Deputy Under Secretary of Defense for perceived to be gay, and almost three make clear that commanders and Personnel & Readiness15 years after then-Secretary of Defense leaders will be held accountable for William Cohen promulgated an failure to enforce this directive.”19 Anti-Harassment Action Plan That directive has not been issued.