DEPARTMENT OF THE ARMY
OFFICE OF THE JUDGE ADVOCATE GENERAL
2200 ARMY PENTAGON
WASHINGTON, DC 20310-2210

Reply To The Attention of Administrative Law Division 2001/0719

30 April 2001

Cliff Arnesen
New England GLB Veterans
P.O. Box 6599
Boston, Massachusetts 02114

Dear Mr. Arnesen:

Thank you for your recent letter to President Bush concerning the Department of Defense Homosexual Conduct Policy.

Unfortunately, the President cannot respond to every communication he receives and therefore, he asked the dapartments and agencies of the Federal Government to reply on his behalf in those instances where they have special knowledge or special authority under the law. For this reason, your letter was forwarded to this office for a direct response to you.

As you know, under current law, an individual’s sexual orientation is considered a private and personal matter. Homosexual orientation is not a bar to entry into the service or continued service, unless it is manifested by homosexual conduct.

Homosexual conduct is prohibited in the armed forces aunder Title 10, United States Code, section 654. To date, this statute and corresponding prohibition on homosexual conduct has not been determined to be unconstitutional or otherwish invalid.

In August 1999, the Office of the Secretary of Defense isssued new guidelines on the Department of Defense Homosexual Conduct Policy implementation, enforcement, and training.

More recently, the Secretary of the Army and the Chief of Staff of the Army issued messages which affirmed their commitment to ensure that all individuals who serve in our Army are treated with dignity and respect, free from harassment.

Please be assured that President Bush shares your concern for the welfare of service men and women and is commited to their security and safety.

Thank you for taking the time to express your concern regarding this subject.

Sincerely,

Paul. B. Anderson, Jr.
Colonel, U.S. Army
Chief, Administrative Law Division