Since the Pentagon classifies homosexuality as a disorder can I claim that as a disability?

Question

I was honorably discharged on, February 2nd, from the Air Force because I stated that I was a homosexual. Since then, the Pentagon has stated that homosexuality is a disorder. I have not claimed my disabilities yet so I was wondering if I could claim that as a disability.

This is the link to the courts' actual definition of disability. I fit all three characteristics. .

that link didn't work, try this one: http://www.eeoc.gov/policy/docs/902cm.html

Answer 1

They called it a disorder not a disability. There's a difference.

Answer 2

wow, that is the best question i have read on this site ever. The answer is most likely no because the pentagon standard for a disability may not coincide with a state or local government standard as to what a disability or a disorder is. Though I would love to see this type of case argued to the Supreme Court. Sexual orientation should never be the basis of obtaining or retaining any job.

Answer 3

The American Psychological Association declared Homosexuality normal in 1974, the American Psychiatric Association did likewise in 1975. That being the case, I don't see how it can be classified as a disorder. Homosexuality did not even become a mental-illness until Freud made it one in the late 19th century, the laws against sodomy were enacted because these kinds of act were forbidden by the Bible, and, just as now, many people felt that the purpose of government is to impose a fundamentalist-christian lifestyle on every in America. Though not gay myself I firmly believe that mutualy enjoyable activities between consenting adults in the privacy of their own home is nobody elses business. From a legal standpont, however, in order to draw a disability, you have to prove that you were turned gay as a result of experiences in the Armed forces, and that it will negatively impact your ability to make a living. This contradicts one of the key arguments of the gay community, that they are born that way, and it is not, therefore, lifestyle choice. Whatever you decide, good luck!

Answer 4

Well, I think the problem you would run into is that they didn't discharge you for the disorder of being homosexual but rather for breaking the 'don't ask don't tell policy'.

Actually your actions probably saved your life in the long run. I'd be happy if I were you.

Back when I was in the military in the 80s if you decided to announce you were a homosexual, they didn't discharge you. Instead the changed your job to one of the lowest like a cook or janitor.

Answer 5

I say no, the Pentagon is claiming that it will cause a conflict, and that it has nothing to do with your ability to do the job you are assigned, and in a combat situation attitudes can be the difference between life and death.

This is a touchy subject, so many different views and opinions, but with the direction that society is headed, by the time the next generation comes around, ones sexuality will no longer be a issue.

Answer 6

I doubt that you would win disability because of this. Though it sounds viable to me since the Pentagon endorses it as a disorder. You could try though, the process for proving disability means having to see all sorts of doctors and specialists. You won't will I am afraid.

Answer 7

This is a very good question that could be determined by the Supreme Court. You should go for it and set precednce for all other homosexuals across America. Apply for your disability and fight it all the way. You would be our gay hero. Maybe then, they would recognize a gay marriage as a constitutionally legal bond.

Answer 8

NO, YOU SHOULD GET A REAL JOB LIKE ALL THE OTHER CIVILIANS OUT THERE. THERE IS NOTHING STOPPING YOU TO GET A REAL JOB. YOU HAVE NO HANDICAPP. THE MILITARY CONSIDERS IT AS A DISORDER BECAUSE THEY CANT REALLY SAY ""WE DONT WANT GAY PEOPLE IN OUR MILITARY"". WHILE I DONT AGREE WITH THAT EITHER, I DEFINATLY DONT AGREE WITH YOU MILKING THE MILITARY FOR MONEY YOU DONT NEED. IF YOU WERE HANDICAPPED FROM BEING HURT IN THE WAR, AS MANY AR, THEN I WOULD SAY YES, GET DISABILITY, BUT YOU DONT DESERVE IT. YOU ONLY WANT IT BECAUSE ITS YOUR WAY OF GETTING BACK AT THEM FOR NOT ACCEPTING YOU BECAUSE OF YOUR SEXUAL PREFERENCE. GO GET A REAL JOB AND MAKE MONEY THE RIGHT WAY, NOT JUST THE EASY WAY. LEAVE THE DISABILITY FUNDS TO THOSE SOLDIERS AND THEIR FAMILIES THAT REALLY NEED IT.

i also agree with richard, unless the military turned you gay, you dont stand a chance.

you probably wouldnt get it either, because it happened after your were discharged. you really dont deserve it thugh so i dont know why you are bothering with it. at least you were honorably discharged, and not dishonorably

Answer 9

doesn't calling it a mental disorder conflict with the dont ask dont tell policy. If something was a true mental disorder wouldn't they say.."tell so we can discharge you?" otherwise they are saying you can be in the service with a mental disorder as long as you don't tell anyone......??

but wouldn't you be a little ashamed to to collect money from the government for the lifestyle you choose to live?

Answer 10

I say go for it. It will probably get denied because the government is so against anyone being "gay". They would be ignorant enough to label it as a disorder. Take the close minded rednecks for everything they are worth. I would like to see their ignorant beliefs smack them in the face.