FRC Criticizes Looser Enforcement of Law on Homosexuality in the Military

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Mar 25, 2010, 01:06 ET

WASHINGTON, March 25 /PRNewswire-USNewswire/ -- Today Defense Secretary Robert Gates outlined new guidelines for the enforcement of the law preventing open homosexuality in the military.

Secretary Gates raised the level of officer authorized to initiate an investigation to carry out fact-finding, and to make a decision to separate a military service member for homosexuality. He also raised the standard of what would constitute "credible information" to begin an inquiry or separation proceeding, and excluded certain confidential information from being used to initiate the discharge of homosexuals from the military.

Family Research Council President Tony Perkins made the following comments:

"These new guidelines undermine enforcement of the law banning homosexuality in the military. Generals and flag officers lack the time to launch such investigations. The new regulations only invite open defiance of the law which was passed by Congress and signed by President Clinton, which clearly states 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.'

"Under Article I, Section 8 of the Constitution, it is Congress which has power 'to make rules for the government and regulation of the land and naval forces,' and they exercised that power in passing the 1993 law. The obligation of the President and his appointees (including the Secretary of Defense) is to 'faithfully execute' those laws. President Obama has called for the repeal of the current law -- but unless and until Congress takes that action, he has a constitutional obligation to enforce it.

"Today's action will raise serious questions in the minds of active duty military personnel about the enforcement of laws and lawful orders. Once we begin to erode confidence in the fair and full enforcement of the Uniform Code of Military Justice, we undermine morale and the faith of all service personnel, from high-ranking officers to new recruits, in the way the Armed Forces function. That's destructive of unit cohesion, personal morale and, ultimately, the security of our nation. Secretary Gates, under President Obama's auspices, is setting a very dangerous precedent," Perkins concluded.

SOURCE Family Research Council