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Gays in the Military

Questions and concerns about gays in the military can be confusing and can bring to light many concerns regarding gays serving in the military, discrimination against gays, military gay policies, gay marriage in the military, and the rights of the gays in the military. If a person finds themselves faced with the questions and the confusion that this may bring, the Experts is an affordable, fast way to get insight concerning gays in the military.

Is the new law regarding gays in the military going to affect current service contracts?

In most situations, the past contracts will not become void if the new law takes effect. Every contract has the obligation to follow the orders of The Commander and Chief, therefore will not be affect by any changes made to the laws being put into place.

Can a homosexual who has engaged in homosexual behavior still get an honorable discharge?

Under the current laws the person wanting the discharge can request a discharge based on the desire to engage in homosexual behavior. He/she will go through a screening after they inform their supervisor which can very well take close to a year to complete in some situations. The person that is going through this screening must never admit to engaging in homosexual behavior as this may result in criminal charges under the current policies.

If a homosexual soldier dies will their spouse be able to obtain a flag and the soldier’s dog tags?

Most generally, the spouse would be able to obtain a flag through the Veteran Affairs. The dog tags are considered personal property of the soldier therefore the spouse would receive those with the soldier’s other personal effects.

If a soldier is mentally competent, not dysfunctional, and not homosexual, can the soldier request a discharge because due to the soldier feeling as if they made the wrong decision, and would like to pursue other options in life?

When the soldier enlisted in the military, he/she signed a contract. If he/she decides they made a mistake, then they should seek counseling from the Chaplin because the military would consider that a breach of the contract the solider signed upon enlistment. The military relies on their soldiers to complete the contract they sign and will not release them from the contract unless there is a viable reason to do so.

If a married couple divorces due to a lesbian affair the wife had with an enlisted soldier, can the now ex-husband file a complaint against the soldier involved in the affair?

For the husband to file a complaint, he would have to contact the soldier’s commanding officer or contact the local Military Police. Contacting the commanding officer would be faster, but the husband would need to provide evidence of the affair such as emails, photos, letters, or statements from the ex-wife.

When there are concerns regarding gay rights in the military, confusion and lack of knowledge regarding the rights and procedures may arise. Gay marriage and homosexual behavior in the military may bring several actions that may or may not diversely affect the soldier. The current military laws have a “don’t ask don’t tell” policy in regards to homosexual behavior in the military. Same sex spouses, family members of the homosexual soldier, or even the homosexual soldier themselves may have concerns and questions that they need addressed or answered. The Experts are an affordable and quick way to get the advice needed to address the questions and concerns one may have.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11867
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

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Recent Gay Questions

  • Hello,Next year in April would have been my 20 year mark

    Hello,
    Next year in April would have been my 20 year mark in the Air Force. I am gay and me and my foreign boyfriend have been living separately for four years (out of 9) due to immigration laws so the plan was to get out next April. Last spring I took the tests to get promoted to the next higher grade. I passed the test but the condition to put up the new grade was to reenlist for another 2 years, which is what I did. Now I realise it that it was a mistake. My personal life is suffering greatly from my career and after four years of living apart I should have just retired next year to finally move with my boyfriend in Belgium. Is there any way I can get out of the two year reenlistment (and new grade) at my 20 year mark as was initially planned and get my retirement benefits?
  • I was kicked out of the Army shortly after entering my AIT.

    I was kicked out of the Army shortly after entering my AIT. Someone heard me talking to my ex-lover and reported me for being gay. I have an uncharacterized discharge with a separation code of JRB and and Reenlistment code of RE 4. Can this be upgraded now that the law regarding openly gay personnel to serve? I was more or less "bullied" into leaving stating that if I fought it, I could be court martialed for fraud because I didn't state the truth on my enlistment papers. Not looking for money or benefits, just maybe some good deals with housing or interest rates for veterans as I would have stayed in otherwise.
  • In the Navy Sept.86 to Feb89. Recieved Other than Honorable,

    In the Navy Sept.86 to Feb89. Recieved Other than Honorable, Drug Abuse Marijuana. I intentionally got caught by a shipmate smoking pot. I was under investigation by the NIS for being gay. I was in the closet and didn't want being a homosexual on the discharge. This was known by the shipmates and my chief petty officer. Is my discharge upgradable to reflect the truth?
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