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GAY PEOPLE'S CHRONICLE

February 19, 1993

Temporary truce called on military acceptance of

Hearings to cede July 15 order; separations on hold, but ban is still on the books

by Kevin Beaney

A

Welcome to Washington, Mr. President. The newly-installed Clinton administration found itself embroiled in heated controversy that diverted the president's energy from national economic issues and foreign policy decisions. Instead, he and his staff started the term by distancing themselves from the unfortunate Zoë Baird nomination. Then the president's pledge to end discrimination of gays and lesbians in the military became a firestorm of debate with threats of resignations, introductions of moral legislation, and the implied collapse of the discipline and order of the armed forces.

What on the surface seemed to be a simple matter of Clinton signing an executive order became a political football that closely followed party lines. Several members of Congress announced that the president's traditional 100-day "honeymoon" had already ended, barely a week after it started.

As of February 5, the "gays in the military" issue was returned to the political

back burner. By then the president had made his intentions known, had several meetings with military and political leaders, and issued a temporary compromise order that removes the "homosexual activity" questions from military induction forms and suspends discharges. It also delays the complete implementation of a sweeping ban until at least July 15.

February 5 was important because that was the day the president signed the Family Leave Act. It was an indication that Clinton was able to convince the Democrat-controlled Congress to hold the party line and support him even as the debate raged.

This was the first hard legislative test case. The bill itself was not the real issue; it enjoyed strong popular support, and Clinton had wanted it to be the first legislation he would sign. But this bill--which requires employers of 50 or more to give up to 12 weeks of unpaid leave to care for family members--became hostage for conservative-led opponents of the change in policy. The Family Leave bill had passed the House and was being considered in the Senate as the military gay issue came into

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In the last week in January, Clinton announced his decision to issue an executive order that would reverse a Defense Department policy adopted in January 1982. That policy, which abandoned discharging gays and lesbians on psychiatric grounds, states that "homosexuality is incompatible with military service." A 'homosexual' is defined as "a person who engages in or intends to engage in homosexual acts.” Until late January, inductees were required to answer questions which asked if they were homosexual or had plans to commit homosexual acts. Service personnel discovered or reported to be homosexual were reviewed and discharged if the reports were found to be true. For most of the past decade, an average of 1,500 people a year were discharged under this policy. Last year the number was half that.

But last year was also a watershed as dozens of lesbian and gay military personnel, officers and enlisted ranks, came out and forced the military to deal with them. Several pressed their cases in the legal system and, about the same time Clinton was navigating the political maze, a federal judge in California ruled on Navy sonarman Keith Meinhold's case, declaring the military policy unconstitutional.

Secretary of Defense Les Aspin prepared a memo with his advice to the president that was leaked early that week. He told the media that he wanted a six-month period of time for discussion to be heard and objections considered rather than just having a blanket order issued. During that time he would prepare an executive order for the president to sign. Aspin warned that there was potential for "revolt" within the military and that members of Congress were not in favor of an immediate lifting of the ban,

In a mid-week meeting with the Joint Chiefs, headed by Gen. Colin Powell (who denied rumors that he would resign if the policy were changed), the military expressed grave concerns to the president over specific details such as housing, spousal benefits, discipline, spread of AIDS, and antigay violence. With members of Congress demanding that they be heard, the issue grew large and momentous. Sen. Sam Nunn, D-Ga., chairman of the Senate Armed Services Committee stated, "I think something is fundamentally flawed when the men and women in the military have an issue that is vital to them, that affects them, and they never have been heard from."

With mounting resistance from the military and from conservative members of Congress, who were threatening to introduce legislation to give them control over this type of policy change, the president opted for a temporary compromise and fence-mending approach. On January 29 Clinton announced that he had instructed Aspin to research and prepare by July 15 a draft executive order that would lift any discriminatory ban on gays. During the next six months an interim agreement applies to the military: no longer will sexual orientation questions be asked of recruits; the Department of Justice will ask the courts to delay action on any of the existing challenge lawsuits; gay servicemembers will no longer be administratively discharged based only on their status, unless they request it; service personnel in the limbo of postponed discharges will be placed on standby reserve; and commanding officers can reassign personnel who are in the process of being separated.

The topic flooded the airwaves and print media, dominating newscasts, opinion shows, editorials and columns. Interviewd military personnel predominantly opposed the change, fearing sexual attack in the showers or the close quarters of submarines. Retired officers spoke of undermined morale and AIDS transmitted in the blood supply. Ousted gay personnel debated their side of the story on TV talk shows.

Heavy phone campaigns by conservative groups across the country flooded the

gays

capital with calls opposing any action that would lift the ban. Many legislators reported receiving calls running 40 or 50 to 1 against the president's proposal. As February began, the calls tapered off but left a taste of what is to come from well-organized right-wingers when the issue invariably is debated in Congress.

Clinton continued meetings with Nunn and Senate Majority Leader George Mitchell, D-Maine, in an effort to keep the Democratic party from splitting apart. The strategy seemed to work. Conservatives from both parties and both houses made impassioned statements, but the Democrats persevered and employed several parliamentary tactics to push the Family Leave Act through the Senate.

Opposition was led by Senate Minority Leader Robert Dole, R-Kan, who introduced an amendment to the bill requiring that the ban on gays remain in place and that any change to the policy be approved by Congress. Mitchell countered by amending the amendment to endorse the Aspin sixmonth compromise and to only hold hearings in the Senate Armed Services Committee. The complicated amendment was defeated by both parties and then Mitchell's amendment was re-introduced. When Dole tried to attach his amendment again, it was tabled on a party line vote. Then the family leave bill, with the Mitchell endorsement amendment, passed the Senate 62-37.

When the bill was returned to the House, since it had been amended, the Democratic leadership began parliamentary maneuvers to ensure that it passed that night before Congress recessed for ten days. Rules were suspended so that the Republicans could not force the bill into committee to review the changes made. Republican speakers complained about changing the rules and about the effect gays would have in the military, spreading AIDS, and wanting special sleeping quarters, but the party line prevailed. On all the procedural votes it was a partisan result. When the House actually voted on accepting the revised bill, about 30 Democrats defected, showing that not all are willing to accept the gay issue. A number of Republicans voted in favor and the Family Leave bill passed easily and was signed by the president the next day where he acknowledged the bi-partisan support.

Sen. Nunn is scheduling hearings on the issue and has promised gay leaders that the hearings will be unbiased and fair. Opposition to lifting the ban is more concentrated in the Senate and political analysts see most of the fight taking place there. Nunn, while willing to let the compromise stand, is no supporter of gay rights. Ohio's Sen. John Glenn serves on that committee and has expressed his support of the compromise and a cautious approach to implementing a wide-ranging change in the military policy. The powerful and vitriolic reaction from conservative and religious groups is expected to overshadow any rational discussion of the merits of gay soldiers. While there is a strong friend in the White House, gay activists have their work cut out for them over the next six months to ensure that the ban is lifted.

Washington DC APRIL 25, 1993

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