Frontlines: The Latest from OutServe-SLDN

In my own words…

On November 18, 2007, the Boston Globe carried an above the fold front-page article dedicated to the life and death of Ciara Durkin, an Army staff specialist. Durkin, a Massachusetts National Guard soldier from Quincy, MA, was found with a single bullet in her head lying on a secure military base in Afghanistan. While there is evidence that Durkin’s death was not accidental or self-inflicted, it remains shrouded in mystery. In chronicling the possible reasons for her death, the article stated the following: “Those close to her do not believe that Durkin was targeted because of her sexual orientation. Durkin had talked with her friends, before she enlisted, about the Army's ‘Don't Ask, Don't Tell’ policy, which allows gays and lesbians to serve as long as they do not disclose their sexual orientation or act upon it.” Those two statements jumped off the page at me. First, it is striking that a soldier’s sexual orientation will make her a target for harassment and even murder. Unfortunately, it is not unprecedented. At least two soldiers’ deaths have been definitively linked to their sexual orientation. Private First Class Barry Winchell and Seaman Allen Schindler were both killed by fellow service members because they were perceived to be gay. And despite the DoDs anti-harassment policy, other service members continually report being targeted because of their sexual orientation, some revealing that they fear for their safety. Second, I was struck by how the Don’t Ask Don’t Tell statute was presented, not as a prohibition on service, but as a statute that “allows” gays and lesbians to serve “as long as they do not disclose their sexual orientation or act upon it.” Such a description ignores the immense difficulties faced by gay, lesbian, and bi-sexual service members. And it also belies the complexities of the issue. The implementation of the statute is not as benign as the description suggests; nor is it so straightforward. Under DOD Directive 1332, “homosexual conduct” includes a statement by a service member “that demonstrates a propensity to engage in homosexual acts.” It is a frighteningly vague definition of “conduct.” Moreover, it does not matter to whom the statement was made or the context in which it was made. Service members risk discharge if they make such a statement to a member of the clergy, to their doctor, or on the Internet. The definition encompasses much more than the simple statement “I’m gay” uttered to a fellow soldier or commanding officer. Durkin represents just one of the thousands of gay, lesbian, and bi-sexual service members who have served or are serving in silence. While her death does not appear to be linked to her sexual orientation, it is unsettling that it was even necessary to consider it as a possibility. The repeal of Don’t Ask, Don’t Tell is not just about ending the ban against gays, lesbians, and bisexuals serving openly. It is also about ending an era of intolerance. When Congress passed 10 U.S.C. § 654, it sanctioned discrimination and the ignorance and hatred that accompanies it. -SLDN Board Member Jackie Gardinia, Associate Professor of Law, Vermont Law School

Labels: guest blogger, jackie gardinia

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11-30-07