Can gay people be drafted
While the United States military currently does not discriminate based on sexual orientation in voluntary enlistment, the potential for a draft raises nuanced questions about how sexual orientation would be considered and what protections would be in place. Bythe Mattachine Society of Washington had developed a standard affidavit for men seeking disqualification.
If officials attempted to induct men despite their claims of homosexuality, they advised refusing induction. Some gay men actively sought 4-F classifications.
–The U.S. Army issues standards in which "stigmata of degeneration" such as feminine characteristics and "sexual perversion" can result in a male being declared unfit for service. – The U. S. Selective Service System includes "homosexual proclivities" as a disqualifying condition for inclusion in the military draft.
However, federal law requires young men between the ages of 18 and 25 to register with the Selective Service. Other groups felt that draftees should resist demands for medical evidence. Yet many gay men did not consider their sexual preference to be medical at all. When sexual orientation and gender identity are separated, % were lesbian, gay or bisexual, and % were transgender (% of transgender respondents also identified as lesbian, gay or bisexual).
By the early s, however, gay rights activists increasingly argued that treating homosexuality as a disorder pathologized and stigmatized a normal identity. The Military Selective Service Act provides categories of men exempted from service, registration or both. It is mandatory for all male U.S. citizens to register for the selective service, also known as the military draft, when they turn However, there are a few exceptions.
Despite the stigma caused by conceptualizing homosexuality as a medical problem, in this case, the notion of homosexuality as a disorder provided a limited but important benefit. Others wanted to serve, and some gay men judged the risks of claiming homosexuality to be greater than those of the draft. However, federal law requires young men between the ages of 18 and 25 to register with the Selective Service. The Military Selective Service Act provides categories of men exempted from service, registration or both.
The success of the armed forces in pre-screening self-identified gay and bisexual people from the s through remains in dispute; during the Vietnam War, some men pretended to be gay in order to avoid the draft. [4]. Bob McIvery was able to stay out of the Army. While the United States military currently does not discriminate based on sexual orientation in voluntary enlistment, the potential for a draft raises nuanced questions about how sexual orientation would be considered and what protections would be in place.
The U.S. ended the draft in and converted to all-volunteer military forces. The military barred gay men from service under medical fitness standards, so they were not supposed to be drafted. [27]. The strategy required claiming a medical exemption. His chapter of the Gay Liberation Front helped him obtain a lawyer who successfully argued that McIvery was gay and therefore exempt.
The success of the armed forces in pre-screening self-identified gay and bisexual people from the s through remains in dispute; during the Vietnam War, some men pretended to be gay in order to avoid the draft. This presented a dilemma for gay men seeking disqualification from the draft. Part of a massive draft resistance movement, draft counseling helped men consider options to get themselves deferred or disqualified from induction, like conscientious objector status or medical exemptions.
Although many gay rights organizations argued that the exclusion of homosexuals from the armed forces was unconstitutional and discriminatory, several of the same groups also offered advice to gay men who wanted to be disqualified from military service. Some gay men actively sought 4-F classifications.
It is mandatory for all male U.S. citizens to register for the selective service, also known as the military draft, when they turn However, there are a few exceptions. Even many of the older homophile groups also saw draft counseling as part of their responsibilities to their members. At the same time, some men who did not otherwise consider themselves to be gay successfully exploited the homosexuality exemption in an attempt to avoid service, often by intentionally adopting stereotypical mannerisms that they believed would persuade doctors.
Although he was willing to use psychiatric diagnosis to support his claim and brought can gay people be drafted psychiatrists to court as expert witnesses, they did not testify. Although he did eventually report—and at that time did not meet the standard on a different medical test—he was still prosecuted for his initial failure to report. [27]. The U.S. ended the draft in and converted to all-volunteer military forces. He was ordered to report for induction in but did not do so and, after several months, was arrested and charged with failing to report.
Others wanted to serve, and some gay men judged the risks of claiming homosexuality to be greater than those of the draft. McIvery and his lawyer mounted the defense that his induction order was invalid because he could not legally be classified as 1-A.