Gays, the Military, and the Constitution
The United States Constitution states many things, but it does not grant or deny homosexuals the right to marry, join the military, or any other rights a heterosexual may have. The Fourteenth Amendment of the Constitution focuses on prohibiting the Federal Government from violating Americans equal protection rights and due process. The issues have always been discrimination against minorities, gender, religion, citizens with disabilities, or sexual orientation. This paper is going to focus on discrimination towards individuals and their sexual orientation, the issues with homosexuals joining the military and whether it is constitutionally or morally wrong.
There have been many major social changes in U.S. military history as well as hurdles it has over come. The Army became racially integrated for the first time after World War II, women were not allowed to fight the war on the front lines next to the men, and not all religions i.e. Wiccan, were considered normal or acceptable until recently. Discrimination due to sexual orientation has been and continues to be a major issue within the criminal justice system as well as within the United States as a whole.
During the Presidential campaign in 1992 Bill Clinton commented that if elected he would “lift the ban” on homosexuals serving in the military. Throughout former President Clinton and former President George Bush’s presidency, the American military enforced the “don’t ask, don’t tell policy, don’t pursue”. Commanders, leadership, or recruiters are forbidden to pursue investigations of homosexual conduct without physical evidence and individuals are required to keep their homosexuality to themselves or consequences will be enforced and he or she will be discharged if in the service or will be denied enlistment if seeking to join the service.
The main objectives for this policy are to protect the privacy of gay and lesbian soldiers as well as...