Subject: PRESS RELEASE
From: [email-masked]
Date: Tue, 16 Mar 1999 11:34:59 EST

PRESS RELEASE

CONTACT:  	Julia Adams
		Servicemembers Legal Defense Network 
		(202) 328-3244

Anti-Gay Harassment in Military Doubles,
Watchdog Group Finds in Fifth Annual Report 
on "Don't Ask, Don't Tell, Don't Pursue"

Lack of Leadership Blamed for Military's Record

	Washington, D.C., March 15, 1999-Reports of anti-gay harassment, including
death threats and verbal gay-bashing, more than doubled over last year,
according to a report released today by Servicemembers Legal Defense Network
(SLDN), an independent legal aid and watchdog group that has assisted more
than 1,600 service members in the past five years.  

SLDN's report, Conduct Unbecoming, finds that service members experience daily
threats and harassment, including comments such as, "You'd better not be queer
because in the Navy we kill our fags;" "That dyke is going to fry;" and
"There's nothing to do in Sasebo unless you are a homo killer," a chilling
reference to the murder of gay sailor Allen Schindler in 1992 by shipmates in
Sasebo, Japan.  These are just a few examples from SLDN's cases in the past
year. 

	"Our report concludes that lesbian, gay and bisexual service members face
daily threats to their physical safety and well-being-not from enemies, but
from Uncle Sam," said C. Dixon Osburn, SLDN Co-Executive Director.  "The
Pentagon's failure to address anti-gay harassment has sentenced gays to either
hiding under a blanket of anxiety and fear or coming out and being fired for
who they are."

	This month marks the fifth anniversary of "Don't Ask, Don't Tell, Don't
Pursue," the military's policy banning gays who disclose their sexual
orientation or act on it.  

	The policy, however, expressly forbids harassment and contains investigative
limits designed to respect service members' privacy and to prevent
investigations in certain cases.  In 1997, then Undersecretary of Defense
Edwin Dorn promulgated additional guidance instructing commanders to
investigate those who make anti-gay threats, not those who report the threats.
In its own report in April 1998, however, the Pentagon acknowledged that the
military services had not distributed the guidance.  The Pentagon agreed to
clarify and expand the guidance regarding anti-gay harassment and send it to
the field.  The Pentagon has not yet done so.

	SLDN Co-Executive Director Michelle Benecke stated, "Military leaders have
been AWOL when it comes to stopping anti-gay harassment.  Service members have
nowhere to turn inside the military when their peers and supervisors harass
and threaten them.  Military leaders must own up to the hostile climate that
has flourished on their watch and stop it." 

SLDN's report concludes that anti-gay harassment is the driving force behind
continued command violations of "Don't Ask, Don't Tell, Don't Pursue," such as
continued asking and pursuit in direct violation of current law.  SLDN reports
that military leaders have refused to send guidance to the field explaining
the explicit investigative limits under "Don't Ask, Don't Tell, Don't Pursue"
or its intent to respect service members' privacy.  The report finds that
military leaders have, officially, held no one accountable for asking,
pursuits or harassment in the past five years.  As a result, SLDN says that
many commanders and investigators do not know the intent or letter of "Don't
Ask, Don't Tell, Don't Pursue."  Others, they find, deliberately violate the
policy, knowing their leaders do not take it seriously.

SLDN's major findings and recommendations from its Fifth Annual Report,
Conduct Unbecoming, are attached.  Established in 1993, SLDN is an independent
legal aid and watchdog organization for those harmed by "Don't Ask, Don't
Tell, Don't Pursue."  SLDN was founded and is directed by two attorneys:  C.
Dixon Osburn and Michelle M. Benecke.  Mr. Osburn holds a J.D./M.B.A. from
Georgetown University and an A.B. from Stanford University.  Ms. Benecke
earned her J.D. at Harvard Law School and her B.A. from the University of
Virginia on an Army ROTC scholarship.

 SLDN FINDINGS FROM FIFTH ANNUAL REPORT 
ON "DON'T ASK, DON'T TELL, DON'T PURSUE"

H Anti-Gay Harassment More Than Doubles.  SLDN documented 400 incidents of
anti-gay harassment, including death threats and verbal gay-bashing.  Anti-gay
harassment surged 120% over the 182 violations documented in 1997.  

H Reports of Asking and Pursuit Increase for Fifth Year.  SLDN documented 511
incidents where service members were asked and pursued for being, or being
perceived as, lesbian, gay or bisexual, up from 359 such violations in 1997.

H Pentagon Refuses to Distribute Guidance on Investigative Limits.  Five years
into "Don't Ask, Don't Tell, Don't Pursue," the Pentagon has refused to
promulgate guidance on the policy's investigative limits intended to protect
service members' privacy and get commanders to back off.

H Pentagon Fails to Distribute Guidance on Anti-Gay Harassment.  SLDN
documented in 1997 that the services failed to distribute the "Dorn memo"
instructing commanders to investigate those who harass, not those who report
it.  In April 1998, DoD recommended reissuing the memo with a specific
prohibition on harassment.   The Pentagon continues to promise that it will
distribute this guidance.

H More Service Members Are Coming Out to Escape Harassment.  Service members
report that they come out as their only recourse against unchecked anti-gay
harassment. 

H Pentagon Concedes Officials Do Not Know Reasons for Increased Discharges.
The Pentagon's April 1998 report on the policy states, "the reasons for this
increase [in gay discharges for statements] are not known and would be
difficult to ascertain."

H Commands Use Heavy-Handed Tactics to Pursue Gays.  SLDN documented frequent
use of threats to extract confessions, including threats of criminal charges,
confinement, non-judicial punishment and "outing."  Commands continue to seize
diaries and personal letters to find out whether service members are gay.    

H Pentagon Fires Three to Four People Every Day for Being Lesbian, Gay or
Bisexual.  Discharges have increased 86% over the past five years.  The
Pentagon discharged 1,149 service members in 1998, compared to 997 in 1997.
This is the highest number since 1987.  The Air Force discharged 415 service
members, surpassing the Navy at 345.  Army discharges jumped by more than 100,
to 312 discharges.  The Marine Corps discharged 77.       

H Women Discharged at Twice Their Presence in the Armed Forces.  Women
comprised 28% of gay discharges, although women represent only 14% of the
active duty force.  The Army had the worst record, with 36% of its gay
discharges being women. 

 SLDN RECOMMENDATIONS FROM FIFTH ANNUAL REPORT 
ON "DON'T ASK, DON'T TELL, DON'T PURSUE"

H Distribute Memo on Anti-Gay Harassment and Lesbian-Baiting.  When DoD issues
the revised "Dorn memo" on anti-gay harassment and lesbian-baiting, the
services should move swiftly to get this guidance to everyone and conduct
comprehensive training to prevent anti-gay harassment.  

H Issue Guidance on Limits to Gay Investigations.  Military leaders should
issue guidance on the policy's investigative limits and its intent to respect
service members' privacy; a major reason for violations is lack of knowledge
of the rules.      

H Train All Service Members on Limits to Gay Investigations.  Commanders,
inquiry officers, attorneys and service members continue to report they have
received little to no training on the intent or letter of the policy.   

H Hold Accountable Those Who Ask, Pursue or Harass.  In five years, military
leaders have not officially disciplined anyone for asking, pursuing or
harassing.  There must be disincentives to deter violations and incentives to
do the right thing.

H Provide Recourse to Service Members to Stop Improper Investigations.
Commanders and inquiry officers do not know the rules.  Superiors refuse to
correct their mistakes.  Thus, service members have nowhere to turn to stop
illegal witch hunts or other violations. 

H Require Commanders to State in Writing Reasons for Investigation. The
Pentagon should instruct commanders to articulate the reasons for starting an
inquiry in writing, to prevent investigations where the ends justify the
means.

H Adopt Rule of Privacy for Conversations with Health Care Providers.  The
Pentagon should inform health care providers there is no requirement to turn
in lesbian, gay and bisexual patients, and should further clarify that
conversations with health care providers are not a basis for investigation or
discharge under "Don't Ask, Don't Tell, Don't Pursue."

H Cease Use of Heavy-Handed Tactics in Gay Investigations.  Military leaders
should train inquiry officers and criminal agents in proper investigative
techniques that avoid heavy-handed tactics such as threats of imprisonment.

H Adopt Exclusionary Rule.  The Pentagon should adopt an exclusionary rule so
that evidence obtained illegally, as in a witch hunt, can be excluded at
administrative discharge boards.

H Appoint Panel of Experts to Review Administrative Separation Process. An
expert panel including representation from outside the military should review
the administrative separation process and make recommendations for
improvement.