Lt. Dan Choi doesn't want to lie. Choi, an Iraq war veteran and a graduate of West Point, declared last March 19 on The Rachel Maddow Show, "I am gay." Under the military's "Don't Ask, Don't Tell" regulations, those three words are enough to get Choi kicked out of the military. Choi has become a vocal advocate for repealing the policy, having spoken before tens of thousands of lesbian, gay, bisexual and transgender (LGBT) people and their allies at last Sunday's National Equality March in Washington, D.C.
Shortly after Choi's public admission to being gay, the Department of the Army sent him a letter stating, in part, that "you admitted publicly that you are a homosexual which constitutes homosexual conduct. ... Your actions negatively affected the good order and discipline of the New York Army National Guard." Since "Don't Ask, Don't Tell" was signed into law by President Bill Clinton in 1993, 13,500 soldiers, sailors and Marines have been discharged from the military for similar alleged behavior. Choi could receive an "other than honorable" discharge, losing the health, retirement, educational and other benefits to which combat veterans are entitled. While Congress acts to remove the restrictions on health insurance for people with "pre-existing conditions," Choi's pre-existing conditions, being gay and being honest about it, may be enough to keep him out of the Veterans Affairs health care system for life.
The night before Sunday's march, President Barack Obama spoke to the Human Rights Campaign, the largest and wealthiest gay-advocacy group: "We should not be punishing patriotic Americans who have stepped forward to serve this country. ... I will end 'Don't Ask, Don't Tell.' " He laid out no timetable, however.
After receiving the letter from the Army, Choi wrote an open letter to his commander in chief, Obama. He said: "I have personally served for a decade under Don't Ask, Don't Tell: an immoral law and policy that forces American soldiers to deceive and lie about their sexual orientation. Worse, it forces others to tolerate deception and lying." U.S. troops in Afghanistan are serving side by side with NATO forces that include openly gay and lesbian troops.
Longtime gay-rights activist Urvashi Vaid, author of "Virtual Equality: The Mainstreaming of Gay and Lesbian Liberation," is opposed to war and militarism, but told me, "The military is a large employer, and has to commit to not being discriminatory." She, too, was at the march Sunday, whose turnout surprised many of the mainstream gay organizations, as they hadn't actively organized it. She said: "First, it's a generational shift in the LGBT movement. There is a new wave of activism coming up. And it's gay and straight. That's a second big change ... the third shift that's happening in the LGBT movement is that it's much more of a multi-issue agenda that is being carried by the people who are marching." In addition to "Don't Ask, Don't Tell," the LGBT movement is also intent on repealing the Clinton-era Defense of Marriage Act, and on achieving marriage equality. This will be a hard fight, Vaid predicts, based on grass-roots activism in every congressional district. Challenging discriminatory laws couldn't be more timely: On the day before Obama's speech to the Human Rights Campaign, a gay man in New York City was taunted with anti-gay slurs and savagely beaten by two men. He is currently in a coma.
Lt. Dan Choi is still technically a serving officer. Obama could halt proceedings against Choi. Activists contend Obama could stop active enforcement of "Don't Ask, Don't Tell" through an executive order. Presidential or congressional action may not come in time to save Choi's military career. If he loses his health benefits, he has a plan. Choi got a message from an Iraqi doctor whose hospital Choi helped to rebuild while he was there. He said the doctor is "in South Baghdad right now. And he's seen some of the Internet, YouTube and CNN interviews and other appearances, and he said: 'Brother, I know that you're gay, but you're still my brother, and you're my friend. And if your country, that sent you to my country, if America, that sent you to Iraq, will discharge you such that you can't get medical benefits, you can come to my hospital any day. You can come in, and I will give you treatment.' "
Choi ended, "I hope that our country can learn from that Iraqi doctor."
Denis Moynihan contributed research to this column.
Amy Goodman is the host of "Democracy Now!," a daily international TV/radio news hour airing on more than 800 stations in North America. She is the author of "Breaking the Sound Barrier," recently released in paperback.
© 2009 Amy Goodman
Follow Amy Goodman on Twitter: www.twitter.com/democracynow
Jon Soltz: On Don't Ask Don't Tell, Army's Ready, So What's the Hold-up?
How about rewarding the honest taxpaying Americans who wish to serve their country, instead of bashing them, putting them on trial and trashing their career?
With the news just errupting that Haliburton allows civilian employees to gang-rape women without repercussions, it begins to make sense that military leaders can wallow in their prejudices and hatred.
I have posted the relevant parts of DADT, along with a timeline for Dan Choi.
Regardless of what anyone may think about the right or wrong of DADT, it was the law when Choi entered West Point.
Choi was educated about the position of the military and his responsibilities as a member of the armed services not only when he accepted his appointment to West Point, his commission, but also periodically throughout the term of his service. Uncoerced, Choi made the decision to enter the service. Only Choi knows why he did.
The military was required by law to do that, and it appears they upheld their responsibilities to Choi, and followed the law as set forth by Congress. Choi, it appears, violated the committment he made to follow DADT.
I'm all for changing DADT, just not using false premises ("the military made me live a lie") to do so.
If hearsay is brought against you, you can be investigated.
Any third party can accuse you, and initiate an investigation.
Any memento, photo, letters, or other personal effect that every other serviceman takes for granted must be completely scrubbed for content, or you can be investigated.
So the don't ask, don't tell premise is flawed at the outset. It goes against the teachings of Duty and Honor the military promotes.
And I am sure that many feel they can live the secret in order to serve their country, but the constant fear of misstep, or 3rd party outing must take it's toll.
1. No one forced Dan Choi to apply to West Point, did they? No.
2. No one forced Dan Choi to choose the military as a career, did they? No.
2. Was DADT the law -- regardless of how you or he or I may feel about it -- in 1999 when Dan Choi applied? Yes.
3. No one forced Dan Choi to be less than truthful to any during the application process as he secured the necessary recommendations from his congressional delegation, did they? No.
4. No one forced Dan Choi to be evasive as he took the oath or signed the contract to join the armed service, did they? No.
5. No one forced Dan Choi to lie again as he accepted his commission in to the Army, did they? No.
6. Was the Army anything less than crystal clear about its role in the enforcement of DADT? No.
Dan Choi was not tricked, duped, coerced, forcibly conscripted, or lied to by the Army. Dan Choi had plenty of opportunities to make decisions regarding his own fate. He should not lie and say the Army forced him to do anything, because it did not.
If the Army says at the outset, this is the standard we will follow and we expect you to uphold -- flawed or not -- it is the duty of the solder to follow that standard. Every member of the armed services agrees to abide by the military way from day one. Like it or not, flawed or not, popular or not.
My problem with Dan Choi is that he is presenting a strawman -- "i was forced..." -- when in fact he was fully aware of the law, the policies surrounding it, its enforcement, and the fact that he -- Dan Choi -- when he came out on national TV was in direct violation of the law. Dan Choi could have just as easily resigned his commission.
No one is disputing Choi's right to be gay. And if Choi wanted to be in the military, there is a means at present for him to do so, however flawed it is. Choi knew what was required of him, and at any time he could have opted out.
But suggesting the military forced Choi to lie for his country is BS. Choi lied to himself, and that is the most painful lie of all.
§ 654. Policy concerning homosexuality in the armed forces, cont'd.
(2) That the member has stated that he or she is a homosexual or bisexual, or words to that effect, unless there is a further finding, made and approved in accordance with procedures set forth in the regulations, that the member has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts.
(3) That the member has married or attempted to marry a person known to be of the same biological sex.
(c) Entry Standards and Documents.—
--- (1) The Secretary of Defense shall ensure that the standards for enlistment and appointment of members of the armed forces reflect the policies set forth in subsection (b).
--- (2) The documents used to effectuate the enlistment or appointment of a person as a member of the armed forces shall set forth the provisions of subsection (b).
(d) Required Briefings.— The briefings that members of the armed forces receive upon entry into the armed forces and periodically thereafter under section 937 of this title (article 137 of the Uniform Code of Military Justice) shall include a detailed explanation of the applicable laws and regulations governing sexual conduct by members of the armed forces, including the policies prescribed under subsection (b).
§ 654. Policy concerning homosexuality in the armed forces
http://www.law.cornell.edu/uscode/10/654.html
(b) Policy.— A member of the armed forces shall be separated from the armed forces under regulations prescribed by the Secretary of Defense if one or more of the following findings is made and approved in accordance with procedures set forth in such regulations:
(1) That the member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are further findings, made and approved in accordance with procedures set forth in such regulations, that the member has demonstrated that—
--- (A) such conduct is a departure from the member’s usual and customary behavior;
--- (B) such conduct, under all the circumstances, is unlikely to recur;
--- (C) such conduct was not accomplished by use of force, coercion, or intimidation;
--- (D) under the particular circumstances of the case, the member’s continued presence in the armed forces is consistent with the interests of the armed forces in proper discipline, good order, and morale; and
--- (E) the member does not have a propensity or intent to engage in homosexual acts.
From Dan Choi's website (www.ltdanchoi.com):
"At West Point, Lt. Choi recited the Cadet Prayer every Sunday. It taught him to “choose the harder right over the easier wrong” and to “never be content with a half truth when the whole can be won.” The Cadet Honor Code demanded truthfulness and honesty. It imposed a zero-tolerance policy against deception, or hiding behind comfort."
DADT becomes law: 1993 (age 11.)
Dan Choi enters West Point: 1999 (age 18)
Dan Choi graduates: 2003
Dan Choi elects to make national news on Rachel Maddow Show: 2009.
"Sexual orientation will not be a bar to service unless manifested by homosexual conduct. The military will discharge members who engage in homosexual conduct, which is defined as a homosexual act, a statement that the member is homosexual or bisexual, or a marriage or attempted marriage to someone of the same gender."
– quoted in "The Pentagon's New Policy Guidelines on Homosexuals in the Military", The New York Times (July 201993), p.A14.
"Officially, the compromise dictates that the armed forces will no longer ask recruits about their sexual activity and/or orientation, will not investigate any serviceman or servicewoman's sexual activity and/or orientation without solid evidence (thus preventing witch-hunts), and self-identified homosexual servicemen and women agree that they will not engage in homosexual sex acts, or otherwise announce their homosexuality through public statements or open participation in a same-sex marriage." [Wikipedia]
They are worthless, and America as a nation is suffering mightily because of their hatred, arrogance and incompetence.
No wonder we get nowhere with these wars.
Lt. Choi is a man of honor, and our military is not equipped to handle that.
Saying that you are gay = having gay sex
In that twisted logic, then all straight men must be having sex with the women in the military or hookers, but how many of the straight men are thrown out for violating the sexual conduct rules?
Ludicrous!!
Lt. Dan Choi is my hero! His speeches inspire many of us in the LGBT Community!!!!!!
My thoughts and hopes are with LT Choi.
As much as I applaud Choi for his service to the country, and applaud him for his choice to come out, I don't agree with his methodology. DADT sucks and repealing the law is the right thing to do. But Choi was not tricked into service. DADT wasn't buried in the super fineprint of his military contract. He wasn't tricked into revealing his sexuality in an effort to remove him from service.
Choi's violation of the law, at its core, is no different than a soldier violating a ban on illegal drug use, or fraternizing, or theft or insubordination. He broke the rule -- the law -- and that has consequences. No one has asked Dan Choi to lie. Dan Choi made that choice when he entered service.
Maybe Choi could have made his point better by resigning his commission or not re-enlisting when his commission expired.
You are spot on on this one. There are two sides to this coin and many on this site refuse to acknowledge that. And for those who've never served: The POTUS doesn't personally fire any member of the armed forces. There is a chain of command and a judicial process that handles that. The law is the law. Until it's repealed, the POTUS and the DOJ are bound to enforce it!
You have made my point. Dan Choi's original lie was to himself and the military when entered the service. DADT was in force then. When Choi took his oath, he lied. When he said he "takes this oath freely, without mental reservation or purpose of evasion," Dan Choi lied. He was being evasive. The military didn't force Choi to lie, Choi made that choice on his own.
Nuremberg has nothing to do with this. Nonsense strawman argument. Stay on point.
Obama couldn't have chosen to "not fire Choi". The military code of conduct is there for a reason, and applies to all. Choi was wrong. Not because he's gay, but because he knowingly violated the rules he agreed to serve by. And he did so on Day One.
"(2) That the member has stated that he or she is a homosexual or bisexual, or words to that effect, unless there is a further finding, made and approved in accordance with procedures set forth in the regulations, that the member has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts."
Of course, that would mean that the US military would have to start taking action against homophobes... and it's about time.