From: SLDNACTION@aol.com Date: Tue, 16 Mar 1999 11:34:59 EST Subject: PRESS RELEASE 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.