Badpuppy Gay Today

Wednesday, 25 June 1997

BARNEY FRANK INTRODUCES BILL: THE ANTI-HYPOCRISY ACT

Would Scrap Sex Phobic Military Rules to Protect Personal Privacy


By John Long

 

Openly gay Representative Barney Frank has introduced a bill in Congress that will, if passed, decriminalize sex among consenting personnel in the military.

Frank, with Barbara Gittings, will be the Co-Grand Marshall of New York's Heritage of Pride Parade on June 29 in Manhattan.

"I do not think that adult members of the military ought to be criminally penalized for sexual activity of a private, consenting nature,'' said Frank, a Massachusetts Democrat. The bill, which Frank dubbed the Anti-Hypocrisy Act of 1997, was crafted in response to the recent adultery cases of 1st Lt. Kelly Flinn, who resigned rather than face court-martial for adultery, disobeying an order and lying to her commander, and of Air Force Gen. Joseph Ralston, who withdrew from consideration as chairman of the Joint Chiefs of Staff because of an extramarital affair a decade ago.

The Human Rights Campaign immediately hailed Frank's new bill as an important step toward fairness for all members of the armed services.

"These cases (Flinn's and Ralston's) starkly illustrate what is really a triple standard for private behavior between two consenting adults in the armed forces," said Winnie Stachelberg, HRC's legislative director. "The military tried to treat these adulterous situations differently, which the American public saw as hypocrisy. But under current military law, any private sexual behavior by a lesbian or gay member of the armed services is illegal. This bill would treat all such private behavior equally."

Frank's bill would reform the Uniform Code of Military Justice so that no one could be prosecuted for consensual sexual behavior between adults that has no impact on military order and discipline.

The Anti-Hypocrisy Act, would put an end to criminal prosecution only for consensual sex. Fraternization or sexual misconduct that undermines ``good order and discipline,'' however, would still be subject to disciplinary action.

Gay service members have been repeatedly threatened with criminal prosecution for failing to reveal the names of other men whom they know to be gay, despite the Clinton administration's ``don't ask, don't tell'' policy on gays in the military.

"You wouldn't have this coercive tool that is being misused,'' Frank reflected. ``That shouldn't happen. The Pentagon acknowledges to me that that's a violation of the policy. That's a witch hunt.''

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