The regulation of human behavior is an essential function of law. It isn’t bigotry to segregate lawfully convicted felons from society for a specific period of correction or to advocate such a public policy. The effort to repeal the right of heterosexual Americans serving in the military to be free from homosexual activism is an effort to infringe the rights of those not desiring cohabitation with same-sex practicing Americans.
Men and women soldiers serve in the military yet generally are housed in different units. There are limits to the extent to which the burden of regulating heterosexual conduct can be placed upon individuals in military units. Fundamentally they can serve best when free from immediate concern about the constellation of intersocial relationships that would develop if they were entirely integrated in all aspects of service including showering together.
Homosexual Americans quite reasonably wish to serve in the military in future wars, and of course homosexuality should no longer be a grounds for draft ineligibility, yet homosexuals have no right to declare their behavior preference as homosexuals within the military if serving with heterosexuals—for that can be construed as a kind of hate speech or hate action intended to intimidate soldiers with the perversity of the behavior. Heterosexual soldiers have a right to serve freely without homosexuals in close proximity.
If the Federal Government forces the open right for homosexuals to serve in the military without keeping their behavior preference to themselves, then the government owes those presently serving in the military the right to receive an immediate honorable discharge with full benefits if they wish not to be forced to be in the presence of significant numbers of homosexuals. At the minimum, heterosexuality in the future should be an option for deferment from the draft, as homosexuality was in the past, in order that heterosexuals should not be forced to cohabit with homosexuals.
I do not want to labor this point too far, for I write as the Congress is putsching through a repeal of the present, not broken, don’t ask, don’t tell policy in order to be consistent with Murphy’s principle of ‘if it isn’t broke, then fix it so it is’.
All that is reasonably required in the present ‘don’t ask, don’t tell’ policy is that homosexuals in the military do not declare themselves openly. Open declaration of preference for sex with men in a unit of men, is something like declaring oneself to be a cannibal-that gives something for non-cannibals to worry about, even if the cannibals are on best behavior.
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