Legal Issues: Rules of Advocacy

Introduction

SLDN has put together rules governing political advocacy by service members, veterans and retirees. The rules regarding political activity in the military are not always clear, but these guidelines are an attempt to assist those who wish to be politically active.

Rules of Advocacy for Service Members

If you are a lesbian, gay, or bisexual active duty service member (or a member of the National Guard or reserves) you CAN speak out against “Don’t Ask, Don’t Tell” (DADT), but there are three precautions you must take because of DADT and DoD Regulations:

1. Don’t act as though you represent the military when expressing your personal opinion.  DoD Regulation 1344.10 (controlling political activity by military members) limits what you can say and how you can say it.  You should not wear your uniform and you should not give the impression you are speaking for your unit or the military when you express your opinion on a political issue.
2. When you speak out - don’t out yourself.  Being out to anyone, anywhere, at any time can get you discharged.  Therefore, do not identify yourself as LGB – or suggest that you are LGB - while writing or speaking-out against DADT.
3. Be careful - you risk raising suspicions that you are LGB.  Even if you don’t out yourself or violate DoD regulations, you risk drawing attention to yourself.     

As a service member pushing to repeal DADT, here’s what you CAN and CANNOT do:

Rallies

• You CAN attend an “end DADT” rally as a spectator.
• You CANNOT wear your uniform to the rally. 
• You CANNOT speak in front of the rally.

Letters-to-the-Editor

• You CAN write a letter to the editor of a paper expressing your personal view calling for the repeal of DADT and sign it as a service member.
• You CANNOT send a form letter to the editor of a newspaper calling for repeal of DADT – even if the letter is drafted by SLDN.  Civilians are allowed to use form letters; military members are not allowed to use form letters.

Talking to or writing to your Member of Congress

• You CAN express your personal opinion to Congress that DADT should be repealed.
• You CANNOT tell your Congressperson that you are speaking on behalf of your unit or the military when you tell him/her that DADT should be repealed.

Talking on the radio/TV or at a program/group discussion

• You CAN express your personal opinion that DADT should be repealed when interviewed by the press.
• You CANNOT tell the press that you represent the armed forces when you say that DADT should be repealed.

Petition

• You CAN sign a petition favoring repeal of DADT.
• You CANNOT claim to represent the military when signing a petition to repeal DADT.

Bumper Sticker

• You CAN put a bumper sticker on your personal car calling for repeal of DADT.
• You CANNOT put a large poster on your personal car calling for repeal of DADT.
• You CANNOT put DADT repeal bumper stickers on military vehicles.

Voting

• You CAN vote for candidates who support repeal of DADT.
• You CAN encourage other people to vote during election times.
• You CANNOT campaign for a particular candidate representing yourself as a military member.

Contributions

• You CAN contribute money to organizations working toward repealing DADT, such as a group like SLDN.

SLDN Gala or other fundraisers

• You CAN attend an SLDN dinner or similar fundraiser. 
• You CANNOT sell tickets for, or otherwise actively promote, the SLDN dinner or similar fundraising events.

If you do not know whether the political activity you wish to engage in is a violation of the general rules concerning political activities or “Don’t Ask, Don’t Tell,” please contact SLDN for assistance.  E-mail us at .(JavaScript must be enabled to view this email address) or call us at (202) 328-3244.

Rules of Advocacy for Veterans and Retirees

Generally speaking, as a veteran and/or retiree, you should feel comfortable being completely open as lesbian, gay, or bisexual, and in being an advocate for repeal of “Don’t Ask, Don’t Tell.” 

For Veterans – No Risk

If you are a veteran who has been fully discharged with no additional commitment to the armed forces, you are not in the IRR, and you are not a military retiree, you face no legal risk whatsoever from “Don’t Ask, Don’t Tell.” 

For Retirees – Negligible Risk

If you are a lesbian, gay, or bisexual military retiree, you do, theoretically, face risk from “Don’t Ask, Don’t Tell.”  The “Don’t Ask, Don’t Tell” statute applies to “members of the armed forces,” and as a retiree, you fall within that category because you can, technically, be called up in times of national emergency.  The risk of being called up and then involuntarily discharged under “Don’t Ask, Don’t Tell,” however, is very small and should not impact your retirement even if recalled.  There are no known cases of a military retiree being targeted under “Don’t Ask, Don’t Tell” in any way. 

In addition,you technically remain subject to the Uniform Code of Military Justice (UCMJ).  While it is true that if you violate UCMJ provisions you could be brought back on active duty to stand trial by court-martial, the military rarely court-martials retirees.  There are no known instances where the military has prosecuted a retiree under the UCMJ solely because the military learned that he or she is lesbian, gay or bisexual.

Case-in-Point - Two Generals and an Admiral

There are many lesbian, gay and bisexual veterans and retirees who live their lives very openly and have suffered no detriment from adverse government action.  In December 2003, three flag officers – two Brigadier Generals and an Admiral – publicly acknowledged their sexual orientation.  After BG Virgil Richards, RADM Al Steinman, and BG Keith Kerr came out in the New York Times, they faced no adverse consequence from “Don’t Ask, Don’t Tell” and continue to receive all their retirement benefits.  

Vets and Retirees are Our Strongest Advocates – Speak Out!

Unlike those who are currently serving, you can safely say publicly: “As a gay/lesbian/bisexual who served, I support lifting the ban.”  You have the ability to be out, to tell your story, and to openly and proudly advocate for lifting the ban.  We encourage you to do so.

If you have any questions concerning political activities or “Don’t Ask, Don’t Tell,” please contact SLDN for assistance.  E-mail us at .(JavaScript must be enabled to view this email address) or call us at (202) 328-3244.