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LGBT people and military service

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The militaries of the world have a variety of responses to gays, lesbians and bisexuals. Most Western military forces have now removed policies excluding sexual minority members; of the 26 countries that participate militarily in NATO, more than 20 permit open lesbians, gays, or bisexuals to serve; of the permanent members of the United Nations Security Council, two (United Kingdom and France) do so. Russia excludes all gays and lesbians during peacetime but allows some gay men to serve in wartime (see below), and the United States (see Don't ask, don't tell) technically permits gays and lesbians to serve, but only in secrecy and celibacy.

Policies and attitudes toward gay and lesbian personnel in the military vary widely internationally. Several countries allow gay men and lesbians to serve openly and have granted them the same rights and privileges as their heterosexual counterparts. Many countries neither ban nor support gay and lesbian service members, and a small group continue to ban homosexual personnel outright.

Countries that disallow homosexuals from serving in the military

Countries that allow homosexuals to serve in the military

Argentina

As of 2009, the Argentine government has officially ended the ban on gays in the military.[4]

Australia

The Commonwealth of Australia policies are to allow gay men and lesbians to serve openly.[5] Attention has been drawn to dual American–Australian citizen Norbert Basil MacLean III, who served in the United States Navy from 1989–1994 but was court-martialled on what he claims were trumped-up charges due to his sexuality and harassment from a superior officer. MacLean's harassment complaint against a superior officer for a wrongful demotion in rank was eventually found meritorious by the Assistant Secretary of the Navy and he was reinstated to his previous rank. MacLean's case pre-dates the Don't Ask, Don't Tell policy. Had he served in the Royal Australian Navy he would have been permitted to serve as an openly gay man. MacLean's case in the United States has resulted in the introduction of the Equal Justice for Our Military Act of 2009, HR 569 in the 111th Congress. HR 569 relates to granting the Supreme Court of the United States the ability to review American court-martial cases once those cases have concluded review by the military courts. On September 12, 2008, the Los Angeles Daily Journal reported in a front page article that MacLean has applied to join the Royal Australian Air Force.[6]

Austria

Austria permits homosexuals to serve openly.[7]

Belgium

Belgium permits homosexuals to serve openly.[7]

Bermuda

The Bermuda Regiment does not discriminate on grounds of sexual orientation, as it is formed by random lottery-style conscription. Officially, members of the Regiment are prohibited from discriminating against or harassing gay soldiers;[8] such activities, however, are tolerated by officers, to the extent that one conscript described the Regiment as "the most homophobic environment that exists".[9]

Brazil

There is no law forbidding gays from serving in the military. Libidinous acts are not allowed.[10]

Canada

Main article: LGBT policy in the Canadian military

As of 1992, lesbians, gays and bisexuals are allowed to openly serve in the military. A series of provincial and territorial Supreme Court decisions beginning in 2003 ruled in favour of the legality of gay marriage, and a national law to that effect was passed by Canada's parliament in 2005 by the Paul Martin Liberal government.

Czech Republic

The Czech Republic allows homosexuals to serve openly.[7]

Denmark

Denmark allows homosexuals to serve openly.[7]

Estonia

Estonia allows homosexuals to serve openly.[7]

Finland

Finland allows homosexuals to serve openly.[7]

France

France allows homosexuals to serve openly.[7]

Germany

The German Bundeswehr ruled that it is forbidden to discriminate based on sexual orientation. The "Working Committee of Homosexual Employees in the Military Forces"[11] is the organization that represents the interests of gay men and lesbians in the armed forces. Heterosexuals and homosexuals alike are allowed to engage in sexual activity while in the military service as long as it does not interfere with the performance of their duties. Lesbian and gay soldiers are also entitled to enter civil unions as defined by Germany's domestic "partnership" law.[12]

Ireland

Ireland allows homosexuals to serve openly.[7]

Israel

Israel Defense Forces policies allow gay men and lesbians to serve openly and without discrimination or harassment due to actual or perceived sexual orientation.[13] This was put into effect in 1993 after an IDF reserves officer testified before the Knesset claiming that his rank had been revoked, and that he had been barred from researching sensitive topics in military intelligence, solely because of his sexual identity. Homosexuals serve openly in the military, including special units, without any discrimination.[14][15] Moreover, gays in the IDF have additional rights, such as the right to take a shower alone if they want to. According to a University of California, Santa Barbara study,[16] a brigadier general stated that Israelis show a "great tolerance" for gay soldiers. Consul David Saranga at the Israeli Consulate in New York, who was interviewed by the St. Petersburg Times, said, “It's a non-issue. You can be a very good officer, a creative one, a brave one, and be gay at the same time.”[14]

Italy

The Armed Forces of Italy cannot deny men or women of homosexual orientation to serve within their ranks, as this would be a violation of Constitutional rights. However, much prejudice about homosexuals still exists within the Italian armed forces, so that they generally decide to hide their sexual orientation.[citation needed] In the past, homosexual conduct was grounds for being discharged from the Italian armed forces for reason of insanity, and feigning homosexuality was a very popular way to obtain medical rejection and skip draft.[citation needed]

Lithuania

Lithuania allows homosexuals to serve openly.[7]

Luxembourg

Luxembourg allows homosexuals to serve openly.[7]

The Netherlands

In 1974, the Netherlands was the first country to ban discrimination against gays in the military.[17]

New Zealand

In New Zealand it is legal for gay, lesbian, bisexual and transgender persons to serve in the military.[18][19]

Norway

Norway allows homosexuals to serve openly.[7]

Peru

Until December 2009, Peru had a ban on openly gay people in the armed forces. However, in December 2009, the Supreme Court of Peru held that sexual orientation cannot be a requirement for entry into the police force or the military. The Government accepted the decision.[20]

Philippines

The Philippine government have officially ended, as of 2009, the ban on gays in the military.[4]

Romania

Gays are allowed to serve openly in the Romanian army. According to the Ministry of Defence's recruitment policy, "it is the right of every Romanian citizen to take part in the military structures of our country, regardless of their sexual orientation."[21]

Slovenia

Slovenia allows homosexuals to serve openly, but homosexuality is still listed as a psychiatric disease.[7]

South Africa

South Africa allows homosexuals to serve openly.[7]

Spain

Gays are allowed to serve openly in the Spanish Army. As of 2009, after the case of Aitor G.R, the courts also ruled that transgendered individuals are also permitted to serve in the military.[22]

Sweden

Sweden allows homosexuals to serve openly.[7]

Switzerland

Switzerland's military policies also allow for gay men and lesbians to serve openly without discrimination or harassment due to actual or perceived sexual orientation.[12]

United Kingdom

The United Kingdom's policy is to allow gay men and lesbians to serve openly, and discrimination on a sexual orientation basis is forbidden.[12] It is also forbidden for someone to pressure LGBT people to come out. All personnel are subject to the same "no-touching" rules. Since 2008, military personnel have been permitted to attend Gay Pride marches in uniform.[23]

Uruguay

Gays were prohibited from serving in the Uruguayan armed forces under the 1973-1985 military dictatorship, however this prohibition was lifted in 2009 when a new decree was signed by Defence Minister Jose Bayardi which provided that that sexual orientation would no longer be considered a reason to prevent people from entering the armed forces[24].

Countries with other policies

  • The United States of America prohibits LGBT service members from serving openly under the Don't ask, don't tell policy. Service members who remain closeted are allowed to serve, but investigation into a member's sexuality without suspicion is prohibited.
  • In Russia, those alleged to have "sexual identity problems" are to be drafted only during wartime. "Well adjusted homosexuals" are permitted to serve in a normal capacity."[25]

See also

Source

References

  1. ^ Carassava, Anthee (2008-06-03). "Greek mayor performs same-sex marriage". International Herald Tribune. Retrieved 2009-02-01.
  2. ^ South Korea asks court to retain ban on gays in the military
  3. ^ Facing hate crime in Turkey - BBC
  4. ^ a b 365gay: Philippines ends ban on gays in military
  5. ^ "Australia Ends a Prohibition On Homosexuals in Military", New York Times, November 24, 1992
  6. ^ "Senate OKs Review of Courts-Martial", by Laura Ernde, Los Angeles Daily Journal, September 12, 2008, front page
  7. ^ a b c d e f g h i j k l m n "Countries that Allow Military Service by Openly Gay People" (PDF). PalmCenter. June 2009. Retrieved 04 December 2009. {{cite web}}: Check date values in: |accessdate= (help)
  8. ^ Bermuda Regiment Standards of Conduct
  9. ^ Strangeways, Sam (May 26, 2006), Bill's supporters stunned by defeat, The Royal Gazette, retrieved May 8, 2009
  10. ^ [1] "Não existe atualmente no Brasil lei específica que proíba o ingresso de homossexuais nas Forças Armadas"
  11. ^ - Arbeitskreis homosexueller Angehöriger der Bundeswehr (Site is only in German)
  12. ^ a b c Queer:Argentinien und die Philippinen beenden Homo-Verbot im Militär (German)
  13. ^ Second Thoughts on Gays in the Military, By JOHN M. SHALIKASHVILI, January 2, 2007.
  14. ^ a b Eichner, Itamar (2007-02-08). "Follow Israel's example on gays in the military, US study says". Ynetnews. Retrieved 2008-09-30.
  15. ^ The chief of staff's policy states that it is strictly forbidden to harm or hurt anyone's dignity or feeling based on their gender or sexual orientation in any way, including signs, slogans, pictures, poems, lectures, any means of guidance, propaganda, publishing, voicing, and utterance.
  16. ^ Homosexuality and the Israel Defense Forces: Did Lifting the Gay Ban Undermine Military Performance?
  17. ^ Shilts, p. 572
  18. ^ Gays in the military
  19. ^ Estrada, Armando. Attitudes of Military Personnel Toward Homosexuals. Journal Of Homosexuality, 37(4), 83
  20. ^ Peru's Constitutional Court ordered Police School to accept expelled Gay Student
  21. ^ Dilema Armatei romane: cu sau fara homosexuali, Evenimentul Zilei, 26 November 2006
  22. ^ Transexuales en el Ejército Español, Miguel Ruiz, Feb. 10, 2009
  23. ^ http://www.timesonline.co.uk/tol/news/politics/article4133763.ece
  24. ^ [2] Huffington Post: Uruguay To Lift Ban On Gays In The Military, 14 May 2009,
  25. ^ Russian army to ban gays
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