Federal Law PL 103-160 (10 U.S.C. § 654) is the U.S. Code that prohibits anyone who “demonstrate(s) a propensity or intent to engage in homosexual acts” from serving in the armed forces of the United States
As the law notes:
- There is no constitutional right to serve in the armed forces.
- The primary purpose of the armed forces is to prepare for and to prevail in combat should the need arise.
- Military life is fundamentally different from civilian life in that the extraordinary responsibilities of the armed forces, the unique conditions of military service, and the critical role of unit cohesion, require that the military community, while subject to civilian control, exist as a specialized society; and the military society is characterized by its own laws, rules, customs, and traditions, including numerous restrictions on personal behavior, that would not be acceptable in civilian society.
- The standards of conduct for members of the armed forces regulate a member’s life for 24 hours each day beginning at the moment the member enters military status and not ending until that person is discharged or otherwise separated from the armed forces
- Those standards of conduct, including the Uniform Code of Military Justice, apply to a member of the armed forces at all times that the member has a military status, whether the member is on base or off base, and whether the member is on duty or off duty.
Instead of knee-jerk and emotional responses to this complex issue, I would think the American people would want to take a pragmatic and objective look at the issue and take a few things into consideration. Frankly, I’m surprised at calls to change immediately with no apparent thought on the possible issues of change to an organization as complex and unique as the Department of Defense.
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