Services. U.S. District Judge Virginia Phillips has decided
that the federal law prohibiting service by open homosexuals violates the federal
constitution. Judge Phillips says she will issue an injunction in the next two
weeks banning enforcement of the longstanding military policy.
Judge Phillips concluded in her decision that the law prohibiting homosexual service
harms military readiness and unit cohesion. The judge's opinion stands in stark
contrast with all previous studies of the matter which have determined that the
inclusion of active homosexuals in the military would be extremely detrimental
to cohesion and morale in the service ranks.
The most comprehensive study on the matter was conducted in 1993 by a Military Working
Group convened by then Secretary of Defense Les Aspin. The group of service professionals
met for three months, agreeing that combat effectiveness within the military depends
on a unique melding of skills, ethics, culture, and bonding to ensure an effective
fighting and defense force.
On the subject of homosexuality, the group determined that "the presence in the
armed forces of persons who demonstrate a propensity or intent to engage in homosexual
acts would create an unacceptable risk to the high standards of morale, good order
and discipline, and unit cohesion that are the essence of military capability."
The report stated that the presence of open homosexuals would "polarize and fragment
the unit and destroy the bonding" that is the building block for unit cohesion.
Other studies have reached similar conclusions. The Center for Strategic and International
Studies conducted 125 focus group discussions with military personnel. Their final
report stated that "the vast majority of military personnel believe that homosexual
men and women serving openly in the military would undermine unit cohesion."
Judge Phillips also concluded that the current military policy on homosexuality
has "harmed efforts of the all-volunteer military to recruit."
She claimed that
the federal law has resulted in the discharge of over 13,000 members of the armed
forces. Once again, Judge Phillips' opinion is in complete contradiction to the
overwhelming assessment of military professionals.
Earlier this year, more than 1000 retired flag and general officers sent a letter
to President Obama voicing strong endorsement of the current military guidelines.
They stated that repeal of the law "would undermine recruiting and retention, impact
leadership at all levels, have adverse effects on the willingness of parents who
lend their sons and daughters to military service, and eventually break the all-volunteer
The Military Working Group concluded that open homosexuality in the military would
reduce the incentive for many eligible young Americans to enlist due in part to
a tarnished military image. The Group reported that surveys of service members
revealed that many would not re-enlist if open homosexuals were admitted to the
military. The most recent survey conducted by the Military Times found that as many
as 10 percent would definitely abandon the armed services (approximately 142,000
service members). Another 14 percent (approximately 200,000) would consider leaving.
As to the claim by Judge Phillips that homosexuals are being booted from the armed
services in massive numbers, the Military Working Group study found evidence to
the contrary. Their report determined that homosexuality only accounted for one-third
of one percent of all military discharges.
Tony Perkins, President of the Family Research Council, and a former Marine, decried
Judge Phillips' decision. "Once again, homosexual activists have found a judicial
activist who will aid in the advancement of their agenda. This is a decision for
Congress to make that should be based upon the input of men and women who serve
and those who lead them."
Earlier this year, the U.S. House of Representatives voted to repeal the law adopted
by Congress in 1993 defining military eligibility requirements with regard to homosexuality.
The House was responding to a strong push by President Barack Obama to open the
military to declared homosexuals, which he championed in his State of the Union
message earlier this year. A U.S. Senate committee has also given approval to the
repeal, but it has yet to be taken up by the full Senate.
The House acted without waiting for the results of a new Defense Department study
of the impact of repeal on the nation's military units. That study commissioned
by Defense Secretary Robert Gates is due by December 1st. All current leaders
of each of the military branches has expressed opposition to any change in the policy
on homosexuality at the present time.
Christian leaders have expressed grave concern over the impact the military's embrace
of homosexuality would have on military chaplains. "If the military is forced to
promote homosexual behavior, for the first time in American history there will
be open conflict between the virtues taught by chaplains and the moral message delivered
by the military," says Kevin Theriot, senior counsel for the Alliance Defense
Fund. "It is only a matter of time before the military censors the religious
expression of its chaplains and marginalizes denominations that teach what the
Bible says about homosexual behavior."
The lawsuit was brought by the Log Cabin
Republicans, a longtime homosexual rights organization of professed Republicans.
Judge Phillips' decision comes on the heels of the decision by another
California federal judge, Vaughn Walker, who ruled that the federal constitution
requires legalization of same-sex "marriage." That decision came on the heels of
a decision by a federal judge in Wisconsin, Barbara Crabb, who ruled that the
U.S. Constitution prohibits observance of a National Day of Prayer.
none of these assertions can be found in the wording of the U.S. Constitution,
nor are they implied in any way. They are the latest instances of judicial
dictatorship, in which judges appointed for life impose their personal views and
values on the people of this country and its institutions. As someone recently
remarked, "America was intended to be a nation governed of, by, and for the
people. Instead, we have become a nation governed of, by, and for the judges."
We urge you to contact your representatives in Congress to let them know your
thoughts on this latest episode of judicial tyranny. You can contact your U.S.
Representative at this link: Your Congressman
You can contact Senator Kit Bond through this link: Senator Bond
You can contact Senator Claire McCaskill at this link: