Do you think it is unconstitutional for the military to discharge a male or female if it is found out that?

Question

he/she are gay?

typo= he/she

Answer 1

it is wrong, but not unconstitutional...there is nothing in the constitution that protects against discrimination based on sexual orientation.

Answer 2

I don't think being gay should have any bearing on whether a person can be in the military. Unfortunately, there are alot of people being thrown out of the military just for this very reason. They are outstanding in every other way, but just because they are gay they get tossed like garbage. So, yes, I do think it is unconstitutional for us to be discharged.

Answer 3

Yes, what does sexuality have to do with being a good citizen?
What does sexuality have to do with a person's ability to follow orders or shoot people?


But, the reality is that the Military doesn't follow the Constitution to the letter. They follow their own set of rules, publications and laws. The UCMJ (Uniform Code of Military Justice) makes up laws and rules that are supposedly meant to ensure the cohesiveness of the military.

Accourding to military intellegence, which we ALL know is an oxymoron anyway, homosexuality threatens the cohesiveness of military units.

Well, it does, but not because of the homosexuals...but rather because of the redneck wackjobs they allow who are all so self-centered they think everyone is looking at them, in that way.

It's really a twisted and backasswards way of viewing the world.

Answer 4

2 many people here don't know what they are talking about. the military does not prevent gays from joining. they just require them to stay in the closet and not say anything. they also require that nobody can accuse somebody of being gay. they can only ask somebody if there is evidence that the person in question has been involved in sex acts with another of the same sex. the military has even had situations where gay people receive benefits such as life insurance when their lovers die in the military, as long as they don't out themselves. the don't ask, don't tell policy was implemented to allow gays to join, which wasn't the case prior. prior to the policy, gays couldn't join. now, they just have 2 b quiet about it.

Answer 5

sure is. What does sexuality matter? If it's in regards to sex, the military accepts both genders so that has no foundation for discharge. If they're going to let go of anyone, it should be the violent bullies and the rapists - rape in the military is rapent and should not be tolerated. They should deal with the offenders instead of ditching the victims.

Answer 6

The Military does not, and, under the law, cannot discharge anyone for just being gay. That is a liberal myth. The Uniform Code of Military Justice forbids oral and anal sex of any kind, even between spouses in their own home. It also forbids Sexual Assault, Sexual Harassment, and Conduct Detrimental to Good Order and Discipline, which includes sex aboard ship or at work. In my 20 years in the Navy the only people I saw discharged just for being Gay were people who wanted out and were using it as an excuse to get an early release. I did see people disciplined or discharged for sexual misconduct, but that was both gay and straight. If someones good at his job and minds his manners at work, there's rarely much of a problem, I know of lots of cases where we all just went with the flow, "Yeah, yeah, that 22 year old guy living with the Chief in his one bedroom apartment is his nephew, that's it, we believe that, who else could it be?"

Answer 7

Technically its not unconstitutional... there is no civil rights law protecting gays, lesbians and bisexuals. Eventually, that will change but I wouldn't be surprised if they wrote addendums into it to exclude the government cracking down on gay discrimination in the church and possibly in the military.

Answer 8

My ex-g/f was discharged for getting it on with a female sargeant. Other than honorable discharge. Crazy! And men can rape females in the military and it's covered up!

Answer 9

That would not be unconsitutional. In other words, It's not prohibited by the Constitution. In fact, you could say it's permitted by the Constitution, in the 10th Amendment, in the Bill of Rights, because there it says that any power not delegated to the federal government by th Constitution is reserved to the states, or to the people. Put another way, that means that the Constitution doesn't cover it one way or the other. And since the Const. doesn't cover it, that means it's not unconstitutional.

Answer 10

This has nothing to do with the Constitution! The military services have their own rules and regulations set up from tried and true historically required substance. If they have decided that it is better that gays not be in the military (and I am sure their rules point this out) then I have to go with them.
Now before you jump to conclusions that I have been in the military, let me tell you that I have never had the privilege - my health prevented me from going to Vietnam. What I do know is that our military personnel are doing a great job, and it is beyond the scope of us private citizens (straight or gay) to criticize them for enforcing one of their rules. Rules are there for a reason, and they're not to be broken without suffering the consequences of a penalty for breaking them.

Answer 11

i dont think it is unconstitutional but i think its wrong that just b.c someone is gay that they wont let them in the military!