DoD POLICY ON HOMOSEXUAL CONDUCT

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DoD POLICY ON HOMOSEXUAL CONDUCT
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DoD Policy on Homosexual Conduct

• At the conclusion of this session, you will be
  able to
• State basic points of DoD Policy
• Define Sexual Orientation
• State Commanders Responsibilities
• Describe characteristics of credible information
• List staff resources who can provide assistance

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The Policy

• Suitability is based on CONDUCT

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SEXUAL ORIENTATION

• Is a personal/private matter
• Is an abstract sexual preference for persons of
  a particular sex as distinct from a propensity to
  engage in sexual acts

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DEFINITIONS

• Propensity Indicates a likelihood that a person
  engages in or will engage in homosexual acts
• Homosexual A person, regardless of sex, who
  engages in, attempts to engage in, has a
  propensity to engage in, or intends to engage in
  homosexual acts

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WHAT IS HOMOSEXUAL CONDUCT? S.A.M.

• STATEMENT
• ACT
• MARRIAGE BETWEEN THE SAME SEX

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STATEMENT

• Conveyed through language or behavior
• Indicates a propensity or intent to engage in
  homosexual acts
• IS REBUTTABLE

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ACTS

• ANY BODILY CONTACT
• Activily undertaken or passively permitted,
  between same sex persons for the purpose of
  satisfying sexual desires
• That a reasonable person would understand to show
  a propensity or intent to engage in act described
  above

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Behaviors which are not homosexual acts

• Associating with known homosexuals
• Marching in a gay rights rally in civilian
  clothes
• Possessing or reading homosexual publications
• Going to a gay bar

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RECAP

• Sexual Orientation is a private/personal matter
• CONDUCT determines suitability for service
• Homosexual Conduct (SAM) is justification for
  administrative discharge

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DoD POLICY ON HOMOSEXUAL CONDUCT AFFECTS

• Accessions
• Separations
• Criminal Investigations
• Security Investigations
• Military Training

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ACCESSIONS

• Sexual orientation ALONE is not a bar
• Will not be asked to reveal whether they are
  heterosexual, homosexual, or bisexual
• All will be informed of policy

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SEPARATIONS

• Based on CONDUCT
• Three bases S A M
• Discharge for engaging in homosexual conduct will
  be honorable or under honorable conditions
• A Court-Martial can have worse consequences.

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CRIMINAL INVESTIGATIONS

• Not done solely to determine sexual orientation
• Sexual misconduct alone, between consenting
  adults, in private, is generally insufficient to
  prompt a criminal investigation

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CRIMINAL INVESTIGATIONS

• Allegations of sexual misconduct handled by CO in
  the absence of aggravating factors
• If CO is uncertain what to do call JAG

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PERSONNEL SECURITY

• No investigation solely to determine sexual
  orientation
• No questions about sexual orientation on Security
  Questionaire
• Only sexual CONDUCT can be questioned
• No info about sexual orientation or conduct can
  be used for separation

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MILITARY TRAINING

• Soldiers are to be informed of policy
• Commanders, recruiters, and investigators, etc.,
  are to be informed of the policy

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Commanders Responsibilities

• Ensure soldiers are briefed on DoD Policy on
  homosexual conduct
• Ensure refresher and optional individual training
  in Military Justice, IAW AR 27-10, paragraph 19-2f

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HOW SHOULD A COMMANDER RESPOND TO ALLEGATIONS OF
HOMOSEXUAL CONDUCT?
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WHAT THE CO SHOULD DO

• Determine if the conduct fits the DoD definition
  of homosexual conduct (SAM)
• Verify that the information is credible
• Start informal fact-finding only if credible info
  exists

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WHAT IS CREDIBLE INFO?

• Comes from a reliable source
• Is an observation (sight or sound) of conduct
• Would lead reasonable person to believe the
  person making the statement or act intended to
  convey the fact that he/she engages in or has
  propensity to engage in homosexual conduct.

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HOW SHOULD YOUR COMMANDER CARRY OUT THE INQUIRY?

• Confine all questions to homosexual conduct (NOT
  orientation!)
• Verify that info is credible
• Seek legal advice as needed

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RESOURCES AVAILABLE TO SUPPORT YOU

• SJA
• MP
• CID

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REVIEW

• Basic Points of DoD Policy
• Definitions
• CO Responsibilities
• Available Assistance

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Questions Concerning the DoD Policy on Homosexual
Conduct
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Application of the DoD Policy

• (Discussion of Scenarios)