I don't think you entirely know what you are talking about.
I served 6 years in the Navy. I was on 3 ships, for a total of 4 1/2 years at sea.
The only way I can demonstrate my point, and that I know damn well what I'm talking about, is to be very specific.
You are a lawyer. You know most discharges from the Navy occur without any lawyers around. The Captain pulls the sailor aside and says, "now we can take this to court, or you can just sign these papers saying you voluntarily quit the Navy under Other Than Honorable circumstances.
I've watched
a lot of sailors get out in this way, for a plethora of reasons. I've only ever known 2 people to see a JAG officer first, 1. Drunk driving crashed into a sign and destroyed it causing thousands in damage after a previous drunk driving accident that involved injuries to another person and a shoplifting incident,
then came JAG. 2.
selling illegal drugs on the ship to a lot of sailors who tested positive.
I could list all day the offenses that would never warrant any legal team to show up, maybe one NCIS agent who would close the file. One guy left my command, went into a foreign nation and did a lot of drugs, came back a couple weeks later, paper work, gone. One guy got high as hell, beat up his friend, stripped naked in a park, punched an ambulance, fought off 9 police until they took him in a straight jacket to jail for weeks, came back, processed out without any legal action.
NJPs. NJPs all the way. Commands don't like sending their people up for anything. No matter how bad the person, in the Navy
looking good is infinitely more important than
being good.
As a lawyer, and an officer, you would have been completely insolated from 90% of the shit that actually goes down. NOBODY wants to bring it to your level.
Except when the person being railroaded out of the military wants to fight back, or the crime is simply beyond washing away.
You say you only handled cases where the homosexual did something flagrantly gay. That's certainly fine, but you are being dishonest, with yourself as a lawyer, knowing full well the law isn't "Don't be a gay activist" or "Don't give your fuck buddy AIDS" it is "Don't tell".
I've written this before, but I suppose it's worth stating again. I had a co-worker on my ship. He was legally married in Massachusetts to another man. Knowing that the policy is "don't ask, don't tell" and not, as you seem to be misleadingly suggesting "don't go to gay pride parades, or give fuck buddies AIDS".
He was one of the finest workers on the ship. He joined for purely patriotic reasons. He was completely straight-edge. Perfect military bearing. He was an expert in his field.
I was rather social and overbearing back then. I would start up a conversation with anyone and really get to know people. I would pry, allude, allure, prod, and like a locust move on, building this colllection of knowledge about people.
Well somehow a 2 hour discussion led to me figuring out he was gay. He hadn't told a soul until then. He had no intention of telling anyone else.
And
every one of you can try to tell me, no one is
scared in the military of people finding out about their lives, but if you've served (and here, being an officer doesn't count), you know the military thrives on fear of reprisal. Check the heart rate of any servicemember who
might show up 2 minutes late. Servicemembers sweat the big stuff, the small stuff, every damn thing in between. It would take me a lot more words to explain why, so if you really want me to, I can do it elsewhere. I have seen the fear.
Many people have this misconception about fear. That it makes you weak. Fear makes the trained servicemember a fucking machine. The scared-unthinking-unquestioning servicemember will not fail.
Being gay isn't a fucking parade. Entire religions despise you, condemn your every breath. It is absurd to claim
any gay person doesn't have at least some idea what their sexuality means to many people in this world.
But you can continue to call me a liar. I'm just going to tell this one story.
This sailor, with perfect military bearing, an example of Honor, Courage, and Commitment in the United States Navy, found one day, that his husband was very sick. He had told me once, that his husband was dying, and this marriage, although loving, had nothing to do with sex, but support for a loved friend (albeit gay loved friend) who was dying of cancer. So this sailor asked for leave.
The sailor couldn't say why he wanted leave, because the policy is not DON'T GIVE AIDS OR GO TO GAY RALLIES,
IT IS DO NOT FUCKING TELL. But they wouldn't grant him leave. And that in itself is a really long story about life in another country. So he asked for emergency leave. This can only be granted to see immediate family. Against the wall, with only 2 choices, shut up and let his husband die alone, or hope his boss wasn't a prick, he chose door number 2. He
told. His chain of command's reaction was not so fluffy and understanding as this JAG officer would have you believe. He immediately began paperwork on discharging my friend. He was not granted leave to see his legal husband die.
I'm not arguing that gay people deserve special treatment. I'm arguing for individualism. DADT is a bullshit law.
I think your idea about prosecution of heterosexual misbehavior being sufficient is laughable. I did not illustrate it to suggest more people should be prosecuted, I illustrated it because I know it's the backbone of the
lie that homosexuals need only be as "good" as heterosexuals, and they won't be discharged.
My friend was straight-edge. He was entirely celibate. No alcohol. No partying. He did his job. He read books. He played music. He was married. He was kicked out for
that, and
nothing more. He was kicked out because it DID NOT MATTER HOW MANY HOOPS HE JUMPED THROUGH. He was set up for failure from day 1.
This whole DADT bullshit reminds me of the Jim Crow laws written post reconstruction. They were promoted as a fair and even-handed way of keeping black people from ever being seen or treated as equals, without all the messy lynchings and rapes.
If you want to keep gays out of the military, no more of this DADT, say what you really mean. "Faggots not welcome." That should be the name of the law. You don't respect individualism, don't hide behind the veil of it. Draw your line in the sand, and let's see where people stand.
And for all of you frantically coming up with hypotheticals about why no one would tolerate gays in the military
1. They are already there. And remain employed at the whim of their boss, or their own ability to never say a fucking word.
2. It's the same bullshit people said about women, and black people. Litterally. You're like puppets. Every point you make was made by previous sexists and racists, and somehow, it still hasn't been a real showstopper.