--- Doug Henwood <dhenwood at panix.com> wrote:
>
> On Sep 25, 2007, at 6:08 PM, andie nachgeborenen
> wrote:
>
> > However, the military continues to make the status
> of
> > being a declared homosexual in impediment to
> military
> > service, though not a crime.
>
> Well not exactly. You can declare yourself, just
> don't do anything.
No, see b2 below, it's not enough that you say you are gay but don't have same sex sex, you have to affirmatively demonstrate that you don't do it if you say you are gay, and that you don't even have a _propensity_ to do it, which is pretty hard, I imagine, if you say. What is it to be gay, after all, if not to have a propensity to engage in sex with members of the same sex? And the burden is on you to prove the negative.
>
>
<http://www.sldn.org/binary-data/SLDN_ARTICLES/pdf_file/1099.pdf>
>
> (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.
> (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.
>
>
>
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