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B-253590
Military Policies
In all four countries, military policies concerning homosexuals have
developed over time. These policy changes were usually preceded by
Concerning
changes in civilian laws, reflecting the attitudes of the society at large. As
Homosexuals Have
society showed increased acceptance of homosexuals, the military tended
to follow.
Evolved
Canada has modified its military policy over the past 7 years to remove all
restrictions on homosexuals. In 1986, the Canadian Forces began to
reevaluate its policy of excluding homosexuals from the military. The
review was prompted by the adoption of the equal rights provision of the
country's new constitution. During this review, the military instituted an
interim policy in 1988 that allowed homosexuals to serve, but with
restrictions. In 1992, a court ruled that the military's policy concerning
homosexuals was unconstitutional, and the military revoked its policy and
removed all restrictions on homosexuals.
Germany's military policy has been modified over the past 24 years,
although it does not grant homosexuals total equal rights. The German
armed forces began permitting homosexuals to serve in 1969, when the
penal code was revised to decriminalize homosexual acts² for males
ages 21 and over. In 1987, Germany's Federal Administrative Court ruled
that homosexual orientation alone was not sufficient grounds for revoking
security clearances, and the military has since changed its policy
accordingly. In 1990, this same German court found that the German
military is justified in not allowing homosexuals to serve in leadership or
educational positions.
Israel has no constitution or bill of rights; however, a number of basic
laws, together, serve that purpose. The Israeli military has allowed
homosexuals to serve since the country was founded in 1948. Under a
1983 military regulation, however, homosexuals were prohibited from
serving in intelligence positions requiring top security clearances. The
regulation also required identified homosexuals to undergo a
psychological examination to determine their ability to serve. However,
we were told that in practice these policies were never formally
implemented. Recently, Israeli society has become more accepting of
homosexuality and has increasingly recognized homosexual rights.
Homosexual acts were decriminalized in 1988, and discrimination against
homosexuals in the workplace was outlawed in 1992. In May 1993, the
military adopted a policy that no restrictions will be placed on the
²Homosexual acts are defined differently depending on the country, but generally refer to sexual acts
between same gender partners.
Page 7
GAO/NSIAD-93-215 Homosexuals in the Military
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"ocrText": "B-253590\nMilitary Policies\nIn all four countries, military policies concerning homosexuals have\ndeveloped over time. These policy changes were usually preceded by\nConcerning\nchanges in civilian laws, reflecting the attitudes of the society at large. As\nHomosexuals Have\nsociety showed increased acceptance of homosexuals, the military tended\nto follow.\nEvolved\nCanada has modified its military policy over the past 7 years to remove all\nrestrictions on homosexuals. In 1986, the Canadian Forces began to\nreevaluate its policy of excluding homosexuals from the military. The\nreview was prompted by the adoption of the equal rights provision of the\ncountry's new constitution. During this review, the military instituted an\ninterim policy in 1988 that allowed homosexuals to serve, but with\nrestrictions. In 1992, a court ruled that the military's policy concerning\nhomosexuals was unconstitutional, and the military revoked its policy and\nremoved all restrictions on homosexuals.\nGermany's military policy has been modified over the past 24 years,\nalthough it does not grant homosexuals total equal rights. The German\narmed forces began permitting homosexuals to serve in 1969, when the\npenal code was revised to decriminalize homosexual acts² for males\nages 21 and over. In 1987, Germany's Federal Administrative Court ruled\nthat homosexual orientation alone was not sufficient grounds for revoking\nsecurity clearances, and the military has since changed its policy\naccordingly. In 1990, this same German court found that the German\nmilitary is justified in not allowing homosexuals to serve in leadership or\neducational positions.\nIsrael has no constitution or bill of rights; however, a number of basic\nlaws, together, serve that purpose. The Israeli military has allowed\nhomosexuals to serve since the country was founded in 1948. Under a\n1983 military regulation, however, homosexuals were prohibited from\nserving in intelligence positions requiring top security clearances. The\nregulation also required identified homosexuals to undergo a\npsychological examination to determine their ability to serve. However,\nwe were told that in practice these policies were never formally\nimplemented. Recently, Israeli society has become more accepting of\nhomosexuality and has increasingly recognized homosexual rights.\nHomosexual acts were decriminalized in 1988, and discrimination against\nhomosexuals in the workplace was outlawed in 1992. In May 1993, the\nmilitary adopted a policy that no restrictions will be placed on the\n²Homosexual acts are defined differently depending on the country, but generally refer to sexual acts\nbetween same gender partners.\nPage 7\nGAO/NSIAD-93-215 Homosexuals in the Military"
}