CHAPTER I Introduction

Background of the Study In the past, the United Kingdom considered homosexuality a crime, a disgraceful and scandalous act in both the civil society and the military. But in 1967, with the Sexual Offense Act, private homosexual acts between consenting adults ages 16 years old and above were not anymore considered a criminal act in the civil society. (a) a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of sixteen years and (b) A homosexual act by any person shall not be an offense if he is under the age of sixteen years and the other party has attained that age.1 The scope of this act didnt include the military therefore it is only applicable to the private sector. Since they considered homosexuality a scandalous act, once discovered a homosexual, the military personnel can be convicted by court-martial, be imprisoned and dismissed from service which is under the Section 64, Section 66 and Section 69 of the 1955 Army and Air Force Acts for the Army and Air Force which states, inter alia, as follows: Section 64 Scandalous conduct by officers. Every officer subject to military law who behaves in a scandalous manner unbecoming the character of an officer shall, on conviction by court-martial, be liable to dismissal from Her Majestys service with or without disgrace. Section 66 Disgraceful conduct. Any person subject to military law who is guilty of disgraceful conduct of a cruel, indecent or unnatural kind shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Section 69 Conduct to prejudice of military discipline. Any person subject to military law who is guilty, whether by any act or omission or otherwise, of conduct to the prejudice of good order and
Sexual Offences Act 1967, Available from http://www.legislation.gov.uk/ukpga/1967/60/section/1#commentary-c669240, Interned, Accessed 15 October 2012.
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military discipline shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.2 While the Royal Marines used Sections 36, 37 and 39 of the Naval Discipline Act of 1957 which states, inter alia, as follows: Section 36 Cruelty or scandalous conduct by officers. Every officer subject to this Act who behaves in a scandalous manner unbecoming the character of an officer shall be liable to dismissal from Her Majestys service with or without disgrace. Section 37 Disgraceful conduct. Every person subject to this Act who is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind] shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act. Section 39 Conduct to the prejudice of naval discipline. Every person subject to this Act who is guilty whether by any act or omission or otherwise, of conduct to the prejudice of good order and naval discipline shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.3 On 1991, the Ministry of Defence(MOD) amended the Army and Navy Force Act of 1955 which provided that homosexuals in the British Armed Forces could no longer be criminally prosecuted and court-martialed because of homosexuality, though, they can still be administratively discharged.4 The amendment made on 1991 was repealed by the Criminal Justice and Public Order Act in 1994. Changes were made because of this act and Homosexual Guidelines were redistributed to the military at the same year. The Guideline provided, inter alia, as follows: Homosexuality, whether male or female, is considered incompatible with service in the armed forces. This is not only because of the close physical conditions in which personnel often have to live and work, but also because homosexual behaviour can cause offence, polarise relationships, induce ill-discipline and, as a consequence, damage morale and unit effectiveness. If individuals admit to being homosexual whilst serving
Army Act 1955, Available from http://www.legislation.gov.uk/ukpga/Eliz2/3-4/18; Internet; Accessed 17 October 2012. 3 Naval Discipline Act 1957, Available from http://www.legislation.gov.uk/ukpga/Eliz2/5-6/53, Internet; Accessed 15 October 2012. 4 Richard Kamm, European Court of Human Rights Overturns British Bans on Gays in the Military, Available from http://www.wcl.american.edu/hrbrief/07/3kamm.pdf; Internet; Accessed 11 October 2012.
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and their Commanding Officer judges that this admission is well-founded they will be required to leave the services ...5 Because of this, if a personnel will be discovered a homosexual, he or she will be required to leave his or her job. Also, if a potential recruit admitted that he or she is a homosexual, he or she will not be enlisted to work for the British Armed Forces. Complaints were raised because of the ban on homosexuals in the British Armed Forces in which two cases reached the European Court of Human Rights (ECRH), the Lustig-Prean and Beckett case and the Smith and Grady case. John Beckett, Duncan Lustig-Prean, Graeme Grady and Jeanette Smith are all homosexuals and works for the British Armed Forces. They were discharged in January 1995, July 1993, November 1994 and December 1994 respectively for the sole reason of their sexual orientation.6 In the Lustig-Prean and Beckett case, the first applicant, Mr. Lustig-Prean joined the Royal Navy Reserve as a radio operator and in 1982, commenced a career in the Royal Navy. On 1983, he became a midshipman in the Executive branch of the Navy. He has an outstanding performance in the navy and reached the rank of lieutenant-commander in 1994. He was discovered homosexual who is in a steady relationship with a civilian partner by the Royal Navy Special Investigations Branch and was discharged from the Royal Navy on the sole ground that he is a homosexual. It was 1989 when the second applicant, Mr. Beckett joined the Royal Navy enlisting for 22 years of service. In 1991, he became a weapons engineering mechanic. It was on May 1993 when he spoke with the chaplain and admitted his sexual orientation. In the same month he was asked by his lieutenant commander what he admitted to the chaplain and Mr.

Case of Smith and Grady, Available from http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=00158408#{"itemid":["001-58408"]; Internet; Accessed 11 October 2012. 6 Lustig-Prean and Beckett v. The United Kingdom, Available from http://sim.law.uu.nl/sim/caselaw/Hof.nsf/e4ca7ef017f8c045c1256849004787f5/08249924d464419bc12567fb002b40 59?OpenDocument; Internet; Accessed 11 October 2012.

Beckett admitted his sexual orientation to his lieutenant commander. He was then called by the service police for further investigation. On 28 July 1993 the applicant was discharged on the basis of his homosexuality after which, investigations took place and on January 1995, the applicant was administratively discharged. The two applicants complained that discharging them violated their rights specifically their right to be respected for their private life which is protected under Article 8 (Right to respect for private and family life) and that they experienced discrimination which is contrary to Article 14 (Prohibition of discrimination) of the European Convention on Human Rights.7 The European Convention on Human Rights was drafted by the members of the Council of Europe after the Second World War and serves as the codification of European human rights and fundamental freedoms.8 In the Grady and Smith Case, Ms. Jeanette Smith is the first applicant who joined the Royal Air Force to serve a nine-year engagement as an enrolled nurse nurse and subsequently obtained the rank of senior aircraft woman. In 1991 to 1993, she was recommended for promotion which was dependent for her to become a staff nurse. On June 1994, Ms. Smith found a message on her answering machine from an anonymous female caller. The caller stated that she informed the air force authorities of the applicants homosexuality. On 13 June 1994, a woman telephoned the air force Provost and Security Service stated, inter alia, that the applicant was homosexual and was sexually harassing the caller. With the information given by the caller, an investigation took place and on 16 November 1994 the applicant received a certificate of discharge from the armed forces. Mr. Graeme Grady, the second applicant, joined the Royal Air Force as a trainee administrative clerk. He had achieved the rank of sergeant and served as a

7 8

Ibid.

European Convention on Human Rights, Available from http://www.echr.coe.int/ECHR/EN/Header/Basic+Texts/The+Convention+and+additional+protocols/The+European +Convention+on+Human+Rights/; Internet; Accessed 12 October 2012

personnel administrator. He was posted to Washington to the British Defence Intelligence Liaison Service (North America) - BDILS(NA). He worked as chief clerk and led the BDILs(NA) support staff team. He told his wife that he is a homosexual. Their nanny disclosed the information to the wife of the head of the BDILS(NA) in which the news also reached the head of the BDILS(NA). Investigations took place and on December 1994, the applicant was administratively discharged. In this case, they also used Article 8 and Article 14 as their defense and added that there were also violations of Article 3 (Prohibition of torture), Article 10 (Freedom of expression) and Article 13 (Right to an effective remedy) of the European Convention on Human Rights.9 On September 27 1999, the European Court of Human Rights handed down decisions which stated that the United Kingdoms policy of banning homosexuals at the British Armed Forces violated provisions of the European Convention of the Human Rights, and that it is illegal and unsustainable.10 In response to the decision of the ECRH, the secretary of the state stated, inter alia, "The UK Government, like all governments, has to accept the ruling of the European Court of Human Rights. The ministers also decided that there should be no appeal against the decision of the ECHR. The Chief of Defence Staff that time also announced that they needed to make a long term policy and sustainable code of conduct that retains the operational effectiveness of the British Armed Forces and is within the law. 11 As a result, last January 12, 2000 the British Armed Forces ended its policy of excluding gay and lesbian soldiers and a new code of social conduct was established. The new code of social conduct provided, inter alia, as follows:
Lustig-Prean and Beckett v. The United Kingdom, Ibid. Richard Kamm, Ibid. 11 Jan 2000: Background information on Homosexuality in the Armed Forces , Available from http://www.proud2serve.net/the-road-to-equality/123-jan-2000-background-information-on-homosexuality-in-thearmed-forces; Internet; Accessed 12 October 2012
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This Code of Social Conduct explains the Armed Forces' policy on personal relationships involving Service personnel. It applies to all members of the Armed Forces regardless of their gender (including gender reassignment status), sexual orientation, race, religion, belief, ability, rank or status12 With this, sexual orientation in now considered a private matter and homosexuals, whether male or female can now work and provide service in the British Armed Forces underpinned by this new code of social conduct. And in 2010, 10 years in which the new code of social conduct was made and the ban has ended, homosexuals working in the military no longer experience any forms of bullying, harassment and violence in the British Armed Forces.

Statement of the Problem The initiative of this research is to answer the question: With the lifting of the ban in 2000, What is now the present status of Lesbians, Gays, Bisexuals and Transexuals (LGBTs) in service with the British Armed Forces? In order for the researcher to address this problem appropriately, these corollary questions will serve as a supplement to that of the main problem:

1. What are the progress that took place regarding the welfare of LGBT people after the ban was lifted in 2000? What were the activities done by the British Armed Forces in order to improve the welfare of LGBT people inside the British Armed Forces?

2. Does the LGBT people still experience discrimination, harassment, bullying or any type of harassment inside the British Armed Forces? If so, are there legal protection in

Armed Forces Code of Social Conduct: Policy Statement, Available from http://www.mod.uk/DefenceInternet/AboutDefence/WhatWeDo/Personnel/EqualityAndDiversity/ArmedForcesCod eOfSocilConductPolicyStatement.html Accessed 12 Obtober 12 2012.

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the British Armed Forces or in the United Kingdom once the rights of LGBT people are violated?

Hypothesis The researcher hypothesized that since the lifting of the ban in 2000, LGBT personnel no longer experience bullying, violence, physical and emotional harassment in the British Armed Forces. The researcher considers the lifting of the ban in 2000 successful because LGBTs can now practice their rights and freedoms as they serve in the British Armed Forces without experiencing any form of discrimination.

Variables In this research paper, the independent variable is the presence of the LGBTs in the British Armed Forces while the dependent variable, which will be the focus of this paper, is the current status of the LGBT personnels since the lifting of the ban in 2000.

Scope and Limitations Throughout this paper, the research will focus on the current status of the LGBTs working in the British Armed Forces which has three service branches: the Royal Navy including the Royal Marines, the British Army and the Royal Air Force. The researcher will not discuss the effectiveness of the lifting of the ban of LGBTs in the British military to the British Armed Forces because in doing so, it entails personal interviews with the British Military in which the researcher of this study is incapable of doing. The time frame of this study is from the year 2000,

which is the year of the lifting of the ban to the year 2010 which is 10 years after the ban was lifted and in which sources will be available for the researcher.

Review of Related Literature Introduction In this Literature Review, the proponent will discuss the LGBTs and the current situation of LGBTs in our society, the different types of discrimination that theyre experiencing and the different movements to fight for their rights and freedoms. The data that will be provided were gathered from different types of literature. The researcher will also include the progress in which rights of LGBTs evolved and how discrimination on the basis of sexual orientation were prohibited in the European Council and the European Union in which the United Kingdom is a part of. Also, the policies of the United States with regards to LGBTs rendering service to the U.S. military will be examined as well as the status and condition of these LGBT personnels.

Lesbian, Gays, Bisexual and Transsexual (LGBTs) In the book of Simon Levay, Gay, Straight and The Reason Why: The Science of Sexual Orientation, he defined that sexual orientation has to do with the sex of our preferred partners. It is the trait that predisposes us to experience sexual attraction to the same sex, the opposite sex or to both sexes.13 The usual terminologies of sexual orientation are heterosexuals, bisexuals and homosexuals. Homosexuality is a preference for members of ones own gender for purposes of sexual gratification.14 A homosexual is someone who has sex with and/or is attracted to people of the

Simon LeVay, Gay, Straight and The Reason Why: The Sciene of Sexual Orientation , (Oxford University Press, 2011) 1. 14 Leon L. Bram and Norma H. Dickey, Funk & Wagnalls New Encyclopedia , (Oxford University Press,1993) 86.

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same sex-gender.15 They are those who have been exclusively attracted to the same sex and had sexual relations with them. Homosexuals are classified into two types: female homosexuals are also known as lesbians, while male homosexuals are known as gays. Bisexuals are those who are attracted to both males and females and transsexuals are those in which the sex-related structures of the brain that define gender identity are exactly opposite the physical sex organs of the body.16 Transexuals are also those who have successfully undergone sex-change surgery in which changes a persons sex and thereby bring a persons gender identity into accord with his or her sex.17 The term LGBT is the initials for Lesbians, Gays, Bisexuals and Transexuals which have become mainstream and which sexuality and gender identity-based communities prefer to use since the term homosexuality connotes a negative meaning. There is a never ending debate as to whether sexual orientation is determined by biological and environmental factors. This is also called the nurture vs. nature controversy in which the nurture side supports the claim that the environmental factors are the ones that affect sexual orientation, while the nature side is vice versa. The claim that sexual orientation is a product of biological factors, use three models: the permissive model, the direct model and the indirect model to defend their argument. Permissive Model states that biological factors

influence neuroanatomical structures on which experience inscribes sexual orientation but biological factor do not directly on indirectly influence sexual orientation.18 According to the direct model, which is used the most for those who believes in the biological claim of sexual orientation, genes, hormones or other biological factors directly influence the brain structure that

Edward Stein, The Mismeasure of Desire: The Science, Theory and Ethics of Sexual Orientation , (Oxford University Press, 1999) 37. 16 What Transsexuality Is, Available from http://transsexual.org/What.html; Internet, Accessed 3 November 2012. 17 Edward Stein, Ibid, 36. 18 Edward Stein. Ibid, 126.

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underlies sexual orientation.19

Lastly, the indirect model which states that genes code for

temperamental or personality factors that shape how a person interacts with its environment and experiences of it, affects the development of a persons sexual orientation.20 On the other hand, the claim that sexual orientation is a product of environmental factors believes that sociological background, activities and past experience affect the sexual orientation of a person. An example of this is the theory that an absent father, an overbearing mother or an experience of sexual abuse can be a catalyst for a person to be gay.21 Today, the most used claim is that sexual orientation is determined by both biological (genes and hormones) and environmental (education and social environment) factors.22 There have been different attitudes towards LGBTs from different time, people and places. There was a point in our history in which being a homosexual is considered a disease. The German neuropsychologist, Richard von Krafft-Ebing, considered homosexuality as a

hereditary neuropathic degeneration aggravated by excessive masturbat ion. But the University of California refuted this disease hypothesis and in 1974 The American Psychiatric Association removed homosexuality in its official list of mental disorders.23 Despite of the removal of homosexuality in the list of diseases, many laws of different countries consider homosexuality a disgraceful act and even prohibits many forms of same sex-gender sexual activity. This is often called the sodomy law or laws regarding unnatural sex acts.24 It is during the end of the 20th century and early 21st in which these types of laws were removed from many Western Countries.

19 20

Edward Stein, Ibid, 126. Ibid. 21 Ibid. 129. 22 Jacques Balthazart, Brain Development and Sexual Orientation, (Morgan and Maypool Life Sciences, 2012).
23 24

Leon L. Bram and Norma H. Dickey, Ibid. Edward Stein, Ibid, 279.

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Current Status of Homosexals LGBT rights vary from country or territory. Today, the responses to homosexuality are still generally negative primarily because of the attitude of conservative religious groups and organizations. But on the positive side, LGBTs is now experiencing more freedom and can practice their rights compared in the past. LGBT rights are human rights and civil rights. These rights include: government recognition of same-sex relationships such as via same-sex marriage or civil unions, LGBT adoption, recognition of LGBT parenting, anti-bullying legislation and student non-discrimination laws to protect LGBT children and/or students, anti-discrimination laws for employment and housing, hate crime laws providing enhanced criminal penalties for prejudice-motivated violence against LGBT people, and laws related to sexual orientation and military service. In the last 15 years, There are already many success stories for LGBTs. Different laws have already passed for the protection of LGBTs in the society for most of the countries. In the United States, gay and lesbian marriages are already allowed in 9 states namely: Massachusetts on May 17, 2004, Connecticut on Nov. 12, 2008, Iowa on Apr. 24. 2009, Vermont on Sep. 1, 2009, New Hampshire at Jan. 1, 2010, New York on June 24, 2011, Maryland on Nov. 6, 2012, Maine on Nov. 6, 2012, and Washington in Nov. 6, 2012). The District of Columbia legalized same-sex marriage on March. 3, 2010.25 Aside from these states in the US, 11 out of 194 countries allow same-sex couples to marry: the Netherlands (2000), Belgium (2003), Canada (2005), Spain (2005), South Africa (2006), Norway (2009), Sweden (2009), Argentina (2010),

25

Gay Marriage, Available at http://gaymarriage.procon.org/; Internet, Accessed 5 November 2012.

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Iceland (2010), and Portugal (2010). Gay couples are also allowed to be married in some parts of Brazil and Mexico.26 In Europe, there are many improvements regarding the issue that includes LGBTs that happened this year. Last January 2012, the first prosecution under hate crime legislation

happened in the United Kingdom. While following a ten day trial in the United Kingdom, three Muslim men are convicted at Derby Crown Court of inciting hatred on the grounds of sexual orientation after distributing leaflets calling for LGBTs to be persecuted. Also, in France, Prime Minister Jean-Marc Ayrault announced that marriage and adoption for same-sex couple will be a reality in the first semester of 2013.27

Discrimination against LGBTs Discrimination with regards to their sexual orientation is one of the main complaints of LGBTs and which are very prevalent in many societies. Prior to the 1970s, anyone known to be a homosexual was at great risk to lose his or her job, home and family. Students were suspended and expelled from colleges and universities once discovered a homosexual.28 Today, most of the countries already provided non-discriminatory law for minority groups, although, discrimination against homosexual cant still avoided. Discrimination is defined as the different treatment for individuals based solely on a particular group. The discrimination that LGBTs is experiencing is due to their sexual

Ibid. French Gay couple get the right to marry, adopt children , Available from http://www.bbc.co.uk/news/world-europe-18690348; Internet, Accessed 09 December 2012. 28 Derald Wing Sur, Microaggression in Everyday Life: Race, Gender and Sexual Orientation , (John Wiley & Sons Inc, 2010), 184.
27

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orientation.

Individuals who are discriminated are judged by the standard characteristic

considered relevant in that context.29 For LGBTs, discrimination is already part of their life in which remains to be have ongoing presence that can be seen in various forms. One form of discrimination that remains to be unnoticed but is experienced in the dail life of LGBTs is microaggression. Microaggressions are brief, everyday exchanges that send denigrating message to certain individuals because of their membership. Women, people of color and LGBTs are the one who commonly experience microaggressions.30 There are many forms in which discrimination for LGBTs occur. Open displays of discrimination can be in the form of anti-gay laws, threat of physical violence, verbal, nonverbal and environmental harassment. Hate speech, negative portrayals, or stereotypes sodomy laws, gay panic defenses in assault or murder trials, adoption bans against same-sex couples, barring gays from serving in the military, and so on, are prime examples of overt, conscious and deliberate LGBT discrimination.31 There are many arenas in which discrimination against homosexuals can take place. The most popular arena of discrimination is in workplace/school and the most prevalent form of discrimination that they experience is verbal abuse or verbal harassment. Usually, The discrimination that LGBTs is experiencing in the workplace can lead to a less salary or the loss of job or promotion. Gay and bisexual men, in studies taken in the United States, United Kingdom and the Netherlands, earn less than their heterosexual counterparts. 32 In the Universities in the United States, there have been an unequal treatment of the LGBTs despite that

Mary Virginia Lee Badgett and Jeff Frank, Sexual Orientation Discrimination: An International Perspective, (Taylor and Francis E-library, 2007) 2. 30 Derald Wing Sur, Ibid, 24. 31 Derald Wing Sur, Ibid, 189-190. 32 Maria Virginia Lee Badgett, Ibid.

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these universities already have a proactive approach with regards to homosexuality. LGBTs experience harassment with verbal remarks and threats and in most cases, these harassment came from students. For LGBTs personnel of the university, harassment also comes from the students. Another area in which discrimination is present, is organized sports. Both homosexuals and heterosexuals participate in sports but homosexuals are less likely to participate in team sports and more likely to visit sports club. There are less LGBTs who are open regarding their sexual orientation in the context of sports. LGBTs in the military were also discriminated. Before 1999, the United Kingdom ban the service of LGBTs in the British Armed Forces stating that homosexuality is incompatible with service in the armed forces. Homosexual behavior can cause offence, polarise relationships, induce ill-discipline and as a consequence damage morale and unit effectiveness.33 In terms of marriages, there are only few countries who have legalized same-sex marriage but they still experience discrimination since they do not receive the same benefits with their heterosexual counterparts. With the presence of discrimination in the lives of LGBTs, their psychological adjustment, subjective well-being, self-esteem and mental health are affected.34 To live a life of constant threat to ones physical safety and psychological well-being is to live a life of perpetual fear, guardedness and vigilance thats why with these different types of discrimination, the visibility of LGBTs is affected. Many chose not to be open regarding their sexual orientation because they mights experience discrimination in their workplace, school or in public places. Also, discrimination against them can contribute to the formation of mental disorders such as depression and anxiety. To eradicate and change this reality, there have been different

Case of Smith and Grady, Available from http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=00158408#{"itemid":["001-58408"]; Internet; Accessed 11 October 2012. 34 Derald Wing Sue, Ibid, 99.

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movements for social transformation and for the rights and freedoms of LGBTs. Like many marginalized groups in society, LGBTs tend to form their own communities and connections as a means to validate and support their group identities and as a buffer to a hostile and invalidating world.35

Lesbian and Gay Movements It is in the late 19th century and early 20th century in which the first modern homosexual rights movement emerged. Both Germany and Great Britain played a big role, although this movement was not successful in pursuing public policy. The Great Depression as well as the Second World War caused it to fall apart. This is a very important event which served as a precursor to produce ideas for the later generation.36 After the Second the World War, more homosexual organizations were formed in western countries. This new generation of LGBT groups is called the homophile movement.37 In the United States, Harry Hay founded the Mattachine Society in April 1951 in Los Angeles. This is the first organization of what became the homophile movement in the United States. According to the founder of the Mattachine Society, homosexuals are oppressed minorities and their organization wanted to promote advocates the development of a group consciousness which similar to the ethnic minority groups in the United States.38 Many organizations followed after the Mattachine Society was formed, each has its own goals and objectives but have the same ground for the acceptance of homosexuality in the society.
35 36

Derald Wing Sue, Ibid, 187. Brenn Pickett, The A to Z of Homosexuality, (Scarecrow Press Inc, 2009) 8. 37 Leon L. Bram and Norma H Dickey, Ibid. 38 David Newton, Gay and Lesbian Handbook, Second Edtion,(ABC-CLIO LLC, 2009), 8.

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The British gay and lesbian movements do not differ to that of the United States, movements were also formed after the Second World War but they differ in who initiated these movements. In the case of Great Britain, it is the government who first initiated reform for the homosexuals. Two members of the Parliament, Roberth Boothby and Desmond Donnelly, desired to have a commission study the existing law with regards to homosexuals. In the April of 1954, the Government announced that it will have such committee and will be called the Committee on Homosexual Offences and Prostitution. This Committee is also known as the Wolfenden Committee since Sir John Wolfenden is the chair of the Committee. After meetings were held, they released a report in September 1857 stating that the law is not a tool to legislate morality, but to maintain public order, and, as such, it could not invade the realm of private behavior.39 Due to the controversy of this report, A. E. Dyson and Reverend Halladie Smith formed the Homosexual Law Reform Society (HLRS). This organization is not like the Mattachine Society of the United States because it is not a self-help or consciousness-raising organization. It is a single-issue interest group that established a separate fundraising arm, the Albany Trust in which Antony Grey was the director. The HLRS strategy is to educate the members of the Parliament by distributing pamphlets, Homosexuals and the Law and distributing the book of Eustace Chessers, Live and Let Live.40 This organization aims for a law reform to take place but the desired reforms were not able to happen during the time of the HRLS. It was only during the late 20th century where law reforms took place. Here are some organizations in which the United Kingdom is affiliated to and whose homosexual policies affect the policies of the United Kingdom:

Stephen M. Engel, The Unfinished Revolution: Social Movement Theory and the Gay and Lesbian Movement, (Cambridge University Press, 2001), 71. 40 Ibid, 72.

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The Council of Europe The Council of Europe is a political organization that is separate from the European Union. It is the organization responsible for the European Convention on Human Rights. If a country would like to join the Council of Europe, it must agree to ratify the Convention. With the European Convention on Human Rights, the prohibition of Homosexual Acts of some European countries is in conflict with the convention. Before admission, countries should remove their total ban on Homosexual acts like what Albania and Moldova did in 1995.41 The history of the acceptance of the European Council of homosexuals started in 1981, Mr. Joop Voogd, the Chair of the Committee on Social and Health Questions, submitted a report to the Parliamentary Assembly of the Council of Europe entitled "Discrimination Against Homosexuals". The report led to the following resolutions: (a) Calling on the World Health Organization to remove homosexuality from its list of diseases. (b) Urging member states to decriminalize homosexual acts and apply equal ages of consent for homosexual and heterosexual acts. (c) Seeking equal treatment for lesbians and gay men in employment.42 This further increased the rights of Homosexuals in the members of the Council of Europe and on September 26, 2000 the Parliamentary Assembly approved of recommendations in favor of lesbian and gay rights, going much further than its 1981 resolution. It called on the governments of Europe to the following: (a) Prohibit discrimination on the basis of sexual orientation, (b) End any remaining criminal prohibitions of consenting adult homosexual acts (c) Release anyone held under laws prohibiting consenting adult acts (d) Apply equal ages of consent for homosexual and heterosexual acts (e) Institute educational programs to combat homophobic attitudes, particularly in schools, the medical profession, the armed forces and the police

Douglas Sanders, Human Rights and Sexual Orientation in International Law , Available from http://heinv.home.xs4all.nl/hearingintergroup/documents/dougsanders.PDF, Accessed on 09 November 2012. 42 Ibid.

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(f) Co-ordinate efforts to have a simultaneous public information campaign in as many member states as possible (f) Ensure equal treatment of homosexuals in employment (g) Adopt legislation which provides for registered partnerships.43 The European Council is an organization that prohibits discrimination with regards to sexual orientation. The organization such as The International Lesbian and Gay Association (ILGA) has achieved "consultative status" with the Council of Europe.44

The European Union In 1993, Claudia Roth reported on equality issues for homosexuals. She chaired the Committee on Civil Liberties and Internal Affairs of the European Parliament. As a response to this report, in February 1994, the European Parliament, passed a resolution which: 5. Calls on the Member States to abolish all legal provisions which criminalize and discriminate against sexual activities among persons of the same sex; 6. Calls for the same age of consent to apply to homosexual and heterosexual activities alike. 7. Calls for an end to the unequal treatment of persons with a homosexual orientation under the legal and administrative provisions of the social security system and where social benefits, adoption law, laws on inheritance and housing and criminal law and all related legal provisions are concerned; 8. Calls on the United Kingdom to abolish its discriminatory provisions to stem the supposed propagation of homosexuality and thus to restore freedom of opinion, the press, information, science and art for homosexual citizens and in relation to the subject of homosexuality and calls upon all Member States to respect such rights to freedom of opinion in the future; 9. Calls on the Member States, together with the national lesbian and homosexual organizations, to take measures and initiate campaigns against the increasing acts of violence perpetrated against homosexuals and to ensure the prosecution of the perpetrators of these acts of violence; 10. Calls upon the Member States, together with the national lesbian and homosexual organizations, to take measures and initiate campaigns to combat all forms of social discrimination against homosexuals; 11. Recommends that Member States take steps to ensure that homosexual womens and mens social and cultural organizations have access to national funds on the same basis as other social and cultural organizations, that applications are judged according
43 44

Ibid. Ibid.

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to the same criteria as applications from other organizations and that they are not disadvantaged by the fact that they are organizations for homosexual women or men.45 Also, the Recommendation should seek to end the barring of lesbians and homosexual couples from marriage or from an equivalent legal framework, and should guarantee the full rights and benefits of marriage, allowing the registration of partnerships and any restriction on the right of lesbians and homosexuals to be parents or to adopt or foster children. This resolution was very remarkable for LGBTs in the European Union.46 Other progress followed with regards to the issue of LGBTs in the European Union. In March 2000, the parliament called for the granting of rights to unmarried couples, including those of the same-sex, equal to those granted to married couples. In June 1997, in the European Unions Treaty of Amsterdam, the European Council was empowered to act against discrimination on the basis of sexual orientation. This led to the prohibition sexual orientation discrimination in employment. Despite the progress regarding issues of sexual orientation, a case was sent to the European Union Court of First Instance in January 1999. The decision refused to include a same-sex partner within the category of spouse for employment benefits.47 The European Union members prioritize to support measures to protect homosexuals against the degrading and inhumane treatment and although the European Union calls for prohibitions of discrimination based on sexual orientation, same sex couples still dont receive the same benefits of their heterosexual counterparts.

45 46

Ibid. Ibid 47 Ibid.

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United States of America Before the year 1993, homosexuals are not allowed to work for the U.S. Military. It was during the term of President Bill Clinton in which he attempted to overturn this ban and failed. As a compromise, he introduced a new policy regarding the issue on July 19, 1993 in which LGBTs can work in the military as long as they remain quiet about their gender orientation. This policy is known as the Dont Ask, Dont Tell which was made up of these elements: One, service men and women will be judged based on their conduct, not their sexual orientation. Two, therefore the practice ..., of not asking about sexual orientation in the enlistment procedure will continue. Three, an open statement by a service member that he or she is a homosexual will create a rebuttable presumption that he or she intends to engage in prohibited conduct, but the service member will be given an opportunity to refute that presumption;.... And four, all provisions of the Uniform Code of Military Justice will be enforced in an even-handed manner as regards both heterosexuals and homosexuals. And thanks to the policy provisions agreed to by the Joint Chiefs, there will be a decent regard to the legitimate privacy and associational rights of all service members.48 With this, the militarys ability to ask service members about their sexual orientation is prohibited and LGBTs should remain silent and refrain from homosexual acts. Despite the creation of the Dont Ask, Dont Tell policy, the number of homosexuals being discharged from the military still increased. According to the Service Members Legal Defense Network, more than 12,500 service members were thrown out of the military since it went into effect in 1993.49 On December 2010, the Senate voted to repeal the policy and was signed by President Barach Obama in the same year. The Dont Ask, Dont tell policy officially ended last September 20, 2011 after 17 years of ban of LGBTs serving openly in the military. This year, one year since the lifting of the Dont Ask, Dont Tell, officials of the Pentagon and members of
48

David F. Burreli and Jody Feder, Homosexuals and the U.S. Military: Current Issues, Available from http://assets.opencrs.com/rpts/RL30113_20090722.pdf; Internet; Accessed 09 November 2012. 49 Will Dunham, Obama hails end of U.S. military restrictions on gays, Available from http://www.reuters.com/article/2011/09/20/us-usa-gays-military-idUSTRE78J3WP20110920; Internet; Accessed 09 November 2012.

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the US military declared that the policy has been a success. LGBTs make up at least 2 percent of the militarys 2.2 million forces on active duty and in the reserves and National Guard. 50 Although the policy of Dont Ask, Dont tell was already abolished, one cant really say that LGBTs in the military is now experiencing an equal footing with those heterosexual personnel. This is with the fact that same-sex couples dont receive the same benefits with the heterosexual couples. Under the current law, the Defense Marriage Act of 1996, the Pentagon cant extend benefits to these couples. These benefits include base housing, health insurance, certain death benefits, legal counseling and access to base commissaries and other stores. The Defense Marriage Act, inter alia, states that: Section 2. Powers reserved to the states No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship. Section 3. Definition of marriage In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.51 The Defense Marriage Act is now a very hot topic of debate in the United States. Many argue that defining marriage as a legal union between a man and a woman only is very discriminating for the LGBT couples because they are also classes of people who deserve constitutional protections. This issue might soon be the case to be reviewed by the Supreme Court.

Dont Ask, Dont Tell, Available from http://topics.nytimes.com/top/reference/timestopics/subjects/d/dont_ask_dont_tell/index.html; Internet; Accessed 09 November 2012. 51 Defense of Marriage Act, Available from http://www.gpo.gov/fdsys/pkg/BILLS104hr3396enr/pdf/BILLS-104hr3396enr.pdf; Internet; Accessed 09 November 2012.

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Conclusion The treatment for LGBTs have drastically changed throughout the years. Despite these success LGBTs still does not have equal footing with heterosexuals. Today, human rights law seems to protect them in a considerable degree but when comes to their freedom to express ones sexuality, tribunals follows the attitude of the majority. Compared to the rest of the world, it is Europe who has established liberty and equality to homosexuals in other parts of the world.52 Both the European Council and the European Union fight for the rights of the LGBTs. From the 19th century in which homosexuality is considered a disease, today, LGBTs can no longer be discriminated on the basis of their sexual orientation. Also, the policies of the United States with regards to LGBTs rendering service in the military evolved. Starting from the ban on homosexuals in the military before the year 1993, to the Dont ask, Dont tell policy and finally to the lifting of the policy of Dont Ask, Dont Tell, LGBTs can now work in the US milita ry without being quiet about their sexual orientation. But despite these achievements, the European union and the US still doesnt extend the benefits of the heterosexual couples to the homosexual couples. Furthermore, the evolution and the progress of the rights of homosexuals in the European Council and European Union is vital to this thesis because the United Kingdom is part of these two organizations and the United States is a country in which policies affects the rest of the world. Knowing their policies as to whether the benefits of heterosexual couples extend to the Homosexual couples is important because these two organizations, as well as the United States, are very influential in the United Kingdom.

Helmut Graupner and Phillip Tahmindjis, Sexuality and Human Rights: A Global Overview, (Harrington Park Press, 2000) 125.

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Theoretical Framework I. Discussion of the Theory The New Social Movement Theory (NSM) emerged from the classical Marxism in analyzing collective action. The New Social Movement Theory is different from the Social Movement Theory which is now considered old and convention. This is termed new since this theory originated at the end of the 1960s because of the proliferation in the composition, focus and strategies in social movements in the Western world. From the conventional social movements, which is class-based, the new social movements are based on new identities which include the civil rights movement, the feminist movement, and the gay and lesbian movement.53 The New Social Movement Theory looked to other logics of action based on politics, ideology, and culture as the root of much collective action and have looked to other source of identity such as ethnicity, gender, and sexuality as the definers of collective identity. 54 The New Social Movement Theory claims that through social movements, cultural innovations, development of new lifestyles and transformation of identities occurs.55 Social Movements occur as a response to the massive social changed brought by globalization. Social movements are more widespread in industrialized nation as evident in its occurrence in the United States and other Western countries. Diverse populations are less bound by larger societal traditions and customs and conflicts of interests between groups are inevitable.

Stephen M. Engel, Ibid. 12. Steven M. Bluecher, New Socoal Movements Theories, Available from http://www.jstor.org/stable/4120774; Internet, Accessed 2 December 2012. 55 Social Movements, Available from https://globalsociology.pbworks.com/w/page/14711254/Social%20Movements;l Internet, Accessed 2 December 2012.
54

53

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Conflicts arise when there are demands for social change by certain groups which is contrary to the status quo.56 There are many theorists in the New Social Movement Theory but four theorists best exemplify the range of new social movement in the context of their own intellectual tradition: Manuel Castella (Spain), Alain Touraine (France), Alberto Melucci (Italy) and Jurgen Habermas (Germany). In this study, the researcher used arguments and claims of Alberto Melucci in the new social movements. Albert Melucci argues that the (post-)modern world bring new forms of social control conformity pressures and information processing in which new social movement respond. He believes our society is shaped by information and sign, thus, social movements play an important role as messages that express oppositional tendencies and modalities. His major concerns are the role of identity in modern collective action. His first premise is that in modern society, the pace of change, the plurality of memberships and the abundance of messages all combine to weaken traditional points of reference and and sources of identity, thereby creating a homelessness of personal identity. Collective action emphasizes the socially constructed nature of the world and the possibility of alternative arrangements. This means that peoples propensity to become involved in collective action is tied to their capacity to define an identity.57

II. Application In the history of the United Kingdom, homosexuality is considered as a forbidden act. According to Michel Foucault, the transformation of homosexual behavior to homosexual identity throughout the years was induced by a shift in societal norms. Foucault isolates the
56 57

Ibid. Steven M. Buechler, Ibid.

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transference of a type of behavior to a type of person is indeed the confluence of the behaviors with the person and so, formed a new identity.58 Even if, homosexuality is now considered as an identity, homosexuals are still isolated from similar individuals. For John DEmilio, the Second World War is a nationwide coming out movement in the United States. He notes that the war temporarily weakened the patterns of daily life that channelled men and women toward heterosexuality and inhibited homosexual expression.59 Even if homosexuality is already widespread, many people still do not accept it and still consider it not normal. Contrasting Ideologies are present and thus creates a divide, especially throughout the Post War era. Also, as more and more homosexuals became aware people of the presence of each other, minority groups and LGBT communities were formed. With this, movements emerged in order for a social change and social transformation to occur and for homosexuals to be accepted in the society. In the case of the LGBTs in the United Kingdom, since there is a ban on the homosexuals in the society, they face discrimination against them. In the presence of their common identity and their awareness with each other, they formed social movements which is the gay and lesbian movement, in order for the society to embrace and eventually accept these new identities. This is similar in the case of the LGBTs in the British Armed Forces in which through social movements, they were able to change the status quo and remove the ban of LGBTs in the military of the United Kingdom. And now, people were able to accept them and let them render service without experiencing violence and physical or emotional harassment.

58 59

Stephen M. Engel, Ibid. 21. Ibid. 23.

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III. Operationalization Operalization of Concepts Concepts Collective Action Definitions Operationalization Definition

This is the study of the conditions This is the action undertaken by under which individual might the LGBTs in order to reach their cooperate to pursue common common goal which is to improve

goals. Individuals pursue common their status in the society and the action because they believe that British Armed Forces. pooling resources and coordinating strategies with like-minded actors can achieve more goals

efficiently.60 Collective Identity For Melucci, collective identity Collective identity refers to the refers to the shared beliefs that common ground in which LGBTs makes collective action possible. meets. LGBTs believes that being Collective identity is shaped by discriminated with regards to their commonalities bringing persons sexual orientation is against their into movements and by interaction rights as individuals. With this, and common experiences with they form movements to change them.61 the status-quo in the British

Aseem Prakash and Mary Kay Gugerty, Advocacy Organizations and Collective Action, (Cambridge University Press, 2012) 8. 61 Sheldon Stryker, Timothy J. Owens and Robert W. White, Self, Identityt and Social Movements (University of Minnesota Press, 2000)

60

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Armed Forces. Grievance This is the issue or in which Social The main advocacy of LGBTs is Movements develop. This is the to be accepted by the society and perception of the group of to achieve equal rights because have experienced

individuals that they are being they denied of their

rights, discrimination of different types

opportunities, freedoms, respect or in the society and they are denied any other form of common good of their rights to private life. just because of who they are.62 Social Change Social Change or Social To be accepted by the society and

Transformation is the end goal of to gain their rights as LGBT Social Movements. It is the individuals are the end goal of

alteration of the social order in the Gay and Lesbian Movements. society. Social Movement Social Movements are defined as Social Movements that emerged collective challenges, based on the with the goal of acceptance from common purposes in and social the society and for them to obtain

solidarities,

sustained their rights are the Gay and Movements. These

interaction with elites, opponents Lesbian and authorities.63

movements involved a wide range of political activism and cultural

Sidney Tarrow, Power in Movements:Social Movements and Contentious Politics, (Cambridge University Press, 1998) 14. 63 Tarrow, Power in Movements:Social Movements and Contentious Politics, Ibid . 2.

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identity.

Diagram Conceptual Diagram

Collective Identity

Grievance

Collective Action Social Movements

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Social Change

Operational Diagram

Emergence of LGBT identity

Discrimination against LGBTs

Lesbian and Gay Rights Movements

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Acceptance of the LGBTs in

Explanation Conceptual Diagram In the possession of new collective identity, the societys response would not immediately be acceptance of this new identity. This new collective identity is different from conventional identities and the status-quo, thus, they can experience oppression from the society. The individuals which possess this new identity will form a formal or informal group to carry out group action. Collective Action in the form of social movements will take place in order for these identity groups to achieve social change/social transformation.

Operational Diagram
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The new collective identity is the emergence of Lesbians, Gays, Bisexuals and Transexuals. This new identity is not accepted in the society as seen in history in which homosexuality is considered a disease and a disgraceful act. They experience discrimination, violence and oppression in many facets of life. These individuals, which possess the same identities and experiences form groups to change this conventional view. Collective Action in the form of Social Movement takes place in order for social change or transformation to happen. The movements of LGBTs are called the Gay and Lesbian Movements. Today, Lesbians, Gays, Bisexuals and Transexuals no longer experience discrimination in some parts of the world. The society is already starting to accept them and their identity. In the case of the LGBTs in the British Armed Forces, due to the different social movements, United Kingdom already accepts LGBTs in their society. With this, the ban of LGBTs in the British Military is also removed. Today, LGBT military personnel can render service in the British Armed Forces without experiencing any form of human rights violation, discrimination and violence.

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METHODOLOGY I. Research Design This research focuses on the Lesbians, Gays, Bisexuals and Transexuals (LGBTs) working in the British Armed Forces. The ban on LGBTs working in the military of the United Kingdom was removed in 2000 because two cases, the case of Lustig-Prean and Beckett vs. the United Kingdom and the case of Smith and Grady vs the United Kingdom, were raised in the European Court of Human Rights (ECHR) claiming that this ban violates their right to private life. With the lifting of the ban, this research claims that LGBTs can now render service in the British Armed Forces without experiencing violence, physical and emotional harassment after the ban was removed in 2000.

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To prove the hypothesis of this research, descriptive research is done because it entails a detailed study starting with the history of the ban of the LGBTs in the society and the military, the legal cases which contributed to the removal of the ban of LGBTs in the military and the current status of LGBTs after the removal of the ban occurred in 2000. Also, focusing on answering the the research question as well as the corollary questions will aid the researcher to understand the current phenomena in the British Armed Forces and thus, can uncover the truth regarding the position of LGBTs today in the British Armed Forces. The main method used in this research is the qualitative type of research method. This is used to collect and analyze data because this entail an in-depth understanding of human behavior which in this case, is the treatment of military personnels to the LGBTs in the British Armed Forces. A Case Study Approach, is used to know the situation of the LGBTs with regards to the new policies in the Armed Forces. Through case studies, the researcher of this study will know how are these new policies are being implemented and can examine that case of bullying, physical and emotional harassment present in after the ban was abolished in 2000, if there are such.

II. Procedures A. Data Gathering In this research, the researcher collects secondary data sources that are gathered from reliable internet sources and from the De La Salle University Library. The researcher utilizes and analyses data from various literatures in the form of reviews, journals, books and scholarly articles which contain substantial information starting with the history of the ban of the LGBTs
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in the society and the military, to the case studies which contributed to the removal of the ban of LGBTs in the military and lastly, the aim of this paper, to know the current status of LGBTs after the removal of the ban occurred in 2000. These sources are considered useful due to their reliability in offering a first-hand information from the LGBTs and the officers in the British Armed Forces. The data gathered in this research will be used in justifying the researchers claim and hypothesis. This thesis assumes that LGBTs can now render service in the British Armed Forces without experiencing violence, physical and emotional. And, LGBTs can now practice their rights and freedoms as they serve in the British Armed Forces without experiencing any form of discrimination. To further support the claim of the researcher, the New Social Movement theory, through the secondary sources, will be used to sustain the assumptions of the researcher and provide sufficient arguments as to how through the years, people already accepted LGBTs in the society and as well as in the military because of the emerging new social movements that brings new norms to the society. B. Data Analysis The issue regarding the LGBTs in the British Armed Forces requires a qualitative type of analysis. The data gathered will be interpreted using a descriptive tool such as content analysis of the documents used. Content Analysis is a systematic process of ascertaining the qualitative meaning of information which can be used for interpreting the outcome of a set of observation or responses. Content analysis involves the following steps: finding the data that can be analyzed, identifying
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the population in which they can be drawn or collected, clarifying the boundaries of the analysis and determine how to analyze the selected data. In this study, content analysis will be applied on the responses of the straight or heterosexual personnels towards the LGBTs in the British Armed Forces. With this, the researcher will find out if LGBTs are still experiencing discrimination of any form and which can be applied to support the arguments regarding the current status of the LGBTs in the military. Other data that will be analyze in this study includes the following: the policies in the British Armed Forces regarding the rights of the LGBTs, the punishment provided for those who discriminate or violate those rights, the provided benefits for the heterosexual couples and as well as the homosexual couples, the relationship of the heterosexual personnels with the LGBTs in the British Armed Forces and other means that the British Armed Forces implements in order to prevent discrimination and enhance the relationship of the heterosexual personnel with the LGBTs in the British Armed Forces.

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Chapter II

DATA PRESENTATION

I.

Situation of LGBTs in the British Armed Forces (2000-2010) The British Armed Forces, which is officially known as Her Majestys Armed Forces, is

the armed forces of the United Kingdom of Great Britain and Northern Ireland. It has three branches: The Royal Navy, The Royal Air Force and the British Army. 64 Prior to the year 2000, there was a ban for Lesbian, Gay, Bisexual and Transgender (LGBT) personnel to render service at the British Armed Forces. The restriction was lifted on January 12, 2000 because the law was overtuned by the European Court of Human Rights after they won against the Military of
Her Majestys Armed Forces, Avaiable http://forum.nationstates.net/viewtopic.php?f=23&t=190369, Accessed 11 March 2013, Internet.
64

from

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Defence in the case of the 4 ex-Service personnel of the British Armed Forces. These 4 exService personnel were administratively discharged from work on the grounds of their sexual orientation.

Today, the British Armed Forces consider sexual orientation as essentially a private matter for individuals. With this, a new code of social conduct was released at the same year. The new code of social conduct strongly recongnises the right to privacy of all the service personnel including sexual orientation and regulates personal behaviour within the British Armed Forces. At the first few months in which the new regulation has took into force, the British military fears that harassment, discord, blackmail, bullying or erosion of unit cohesion or military effectiveness will likely to occur. But according to news report in 2007 in the New York Times, the Ministry of Defenses current and former members of the services, and academics specializing in the military believes that these fears have come to pass and the biggest news about the policy is that there is no news.65 Furthermore at an official study carried out after 2 and a half yearsafter the ban was lifted concluded that removing the ban has "no discernible impact on operational efficiency" despite the fierce controversy which raged over the decision.66 From the year 2000 and 2010, which is 10 years after the lifting of the ban, there have been many progress that took place in the British Armed Forces and in the United Kingdom that is in favor of the rights and welfare of LGBTs.

Sarah Lyall, Despite Misgivings gays blend in to British military, Available from http://www.nytimes.com/2007/05/16/world/europe/16iht-gays.4.5740115.html?pagewanted=all&_r=0, Accessed 11 March 2013, Internet. 66 Lifting ban on gays in armed forces caused resignations report reveals , Avaiable from http://www.dailymail.co.uk/news/article-487750/Lifting-ban-gays-armed-forces-caused-resignations-reportreveals.html#ixzz2P4znRm3Z, Accessed 11 March 2013, Internet.

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Timeline of important events at the British Armed Forces and United Kingdom

(2000-2010)

2000- After the ban was lifted in January 12, 2000 and the Armed Forces Code of Social Conduct was introduced, United Kingdom and the other 14 European Members adopted the EC Equal Treatment Framework Directive on November of the the same year. It is a directive that was introduce by the European Commission in line with Article 13 of the treaty of Amsterdam and requires states to prohibit discrimination on the basis religion or belief, age, disability or sexual orientation in public and private employment.67

2003- After 3 years, the Employment Equality (Sexual Orientation) Regulations 2003 came into force. It is a legislation which specifically prohibits the discrimination on the grounds of sexual orientation in employment. With this, LGBTs who are discriminated or harassed at work on the grounds of their sexuality can seek protection by the law and can use domestic or European courts to seek protection.

2005- On April 1, 2005, the Minister of Defence, which is the headquarters of the British Armed Forces, tightened the way they deal with allegations of harassment, bullying and discrimination. They included the sexual orientation related cases in the of Joint Service Publication (JSP) 763

The Legal Treatment of Homosexuals in the Armed Forces of Europe , Available from http://www2.law.ox.ac.uk/opbp/GaysinMilitaryFinal%20Submission.pdf, Accessed 11 March 2013, Internet.

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 the MOD Harassment Complaints Procedure.68 (This will be discussed further in Chapter II). At the same year, December 2005, the Civil Partnership Act of 2004 took force. Shortly thereafter, a newly wedded same sex couple became the first one to move into the Sevice Family Accommodation (SFA) which is like the wedding quarters to the three branches of the British Armed Forces.69 Service Family Accommodation is provided for servicemen or women who are married or in civil partnerships, divorced, widowed or separated with dependent children. This accommodation provides a fully furnished quarters but the servicemen or women can still use their own furnitures. The distance is usually close or within 10 miles of their duty station and they still have the choice to wether they like to stay at their own home. 70 Also, in the same year the Royal Navy joined the Stonewalls Diversity Champions Programme.

2006- On the 27 and 28th of January 2006 was the first Royal Navy Conference for gay and lesbians at the Armed Forces Chaplaincy Centre, Amport House. The event was attend by 40 personnel and supported by 2SL Staff Officers, The Executive Director of Stonewall and the Stonewall Diversity Programme Manager. The aspirations of those who attended were discussed during the conference but there was no formal policy made.71 During the same year, on July 2006, up to 40 Royal Navy Personnel lead the London European Pride wearing their full uniform. This event is considered a history because it is the first time that a military personnel is

The Road to Equality a chronology of key dates for the Armed Forces, Avaiable from http://www.proud2serve.net/the-road-to-equality/124-the-road-to-equality-a-chronology-of-key-dates-for-thearmed-forces, Accessed 11 March 2013, Internet. 69 Ibid. 70 House and Job moves, Available from http://www.army.mod.uk/welfare-support/23201.aspx, Accessed 11 March 2013, Internet. 71 Royal Navy Conference For Lesbian and Gay Personnel, 27-28th January 2006, Available from http://www.proud2serve.net/military/20060331-RNLesbianGayPersonnelConferenceMinutes.pdf, Accessed 11 March 2013, Internet.

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wearing their full uniform in a gay pride parade anywhere in the world. But the LGBTs from the British Army and Royal Airforce werent allowed to march with their full uniform so they wore the Proud2Serve.net Shirts during the gay pride parade. Also during the same year, the Royal Airforce joined the Stonewalls Diversity Champions Programme.

2008- The British Army became the 400th member of the Diversity Champions program run by gay equality organisation, Stonewall.72 Also at the same year, the LGBT people from the British Army and Royal Airforce were already allowed to march during the London European Pride wearing their full uniform.73 This is another history being made in which shows us that the whole of the British Armed Forces have changed and embraced these minority group.

2009- For the first time, A gay serviceman appeared in the front cover of the British Armed Forces magazine. James Whartoon is a gay trooper in the The Household Calvary Regiment and was featured in the July 2010 edition of the monthly publication of the Soldier publication his dress uniform, complete with Iraq medal, and next to the headline Pride. This is a move that recognize the diversity in the army after 9 years of the lifting of the ban for LGBT in the British Armed Forces.74

British Army joins up to Stonewall workplace scheme , Available from http://www.proud2serve.net/news-a-updates/441-jul-08-british-army-joins-up-to-stonewall-workplace-scheme, Accessed 24 March 2013, Internet. 73 Army lifts Gay Pride uniform ban, Available from http://metro.co.uk/2008/06/15/army-lifts-gay-prideuniform-ban-188750/, Accessed 24 March 2013, Internet. 74 Gay Soldier becomes Armed Forces Magazines First Homosexual Pin -up, Available from http://www.dailymail.co.uk/news/article-1202651/Gay-soldier-Armed-Forces-magazines-homosexual-pinup.html#ixzz2P04AjzaU, Accessed 11 March 2013, Internet.

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2010- 10 years after the lifting of the ban on LGBTs, the first Quad Service Lesbian, Gay, Bisexual and Transgender conference was held at the MODs main building on July. The Civil Service LGBT Summer Forum and the Tri-Service Annual LGBT Conference which are formerly separate events were combined to create a cohesive approach to issues that affects the LGBT community within the British Armed Forces and the MOD. Using the MODs main building is a proof of a massive progress with regard to equality and diversity within the MOD. Pride London 2010, which is the name of the annual gay pride parade, made a history in the United Kingdom because 1 million people attended the event which makes it the largest outdoor event in the country.

II.

Activities in the British Armed Forces for the welfare of LGBT people

A. LGBT Conference

LGBT Conference is an annual conference that started since 2000, in which the ban for LGBT people inside the British Armed Forces was lifted. The attendance of the LGBT community inside the British Armed are the ones expected in this conference but this conference is also open to all service personnel. The Militarys leaders, Ministry of Defence civil servants, policy makers and welfare officers are also invited and encouraged to attend. Basically, the goal of all the LGBT Conference is since 2000, is to update the LGBT Community in developments in the services diversity programmes; to participate in preserntation and workshops convering areas of interest to LGBT personnel; and to provide an enjoyable informal social networking

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opportunity for personnel and their partners who may not have this opportunity at their home unit.75 B. Stonewalls Diversity Champions Programme

Stonewall is an organization in the United Kingdom which aims to create a professional lobbying group that would prevent attacks on LGBT people from occurring. Stonewall has subsequently put the case for equality on the mainstream political agenda by winning support within all the main political parties and now has offices in England, Scotland and Wales. Stonewall made a great impact in the rights and legal protection of LGBT people in the United Kingdom. Some of the major successes of Stonewall include helping achieve the equalisation of the age of consent, lifting the ban on lesbians and gay men serving in the military, campaigning the Civil Partnership Act of 2004, securing legislation allowing same-sex couples to adopt and the repeal of Section 28 of the Local Government Act. More recently Stonewall has helped secure civil partnerships and ensured the recent Equality Act protected lesbians and gay men in terms of goods and services.76

One of the programs of Stonewall is the Diversity Chapions Programme. This is a program that promotes best practice and gives organizations guidance and advice on how to create equality in the workplace. Organizations join this program and work with Stonewall to promote good working conditions for all existing and potential employees and to ensure equal

British Army to host LGBT Conference, Available from http://www.pinknews.co.uk/2008/09/05/britisharmy-to-host-lgbt-conference/, Accessed 24 March 2013, Internet. 76 Brief overview of Stonewall, Available from http://www.stonewall.org.uk/about_us/2532.asp, Accessed 24 March 2013, Internet.

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treatment for those who belong in the LGBT community.77 Today, the three brances of the British Armed Forces are already part of this program. The first to join the program was the Royal Navy in 2005, the Royal Air Force in 2005 and the British Army in 2008. The British Army is the 400th member of the program.78

Each year Stonewall also conducts the Workplace Equality Index. It is the annual benchmarking exercise to determine and showcase the United Kingdom's top employers for LGBT staff workder. The index was launched in 2005 as the Corporate Equality Index, changing its name to Workplace Equality Index in 2006. In 2010, the Royal Navy was place on the 179th.79

C. Participation in the Gay Pride Parade

Gay Pride Parade is an annual event in London which celebrates the LGBT culture. In the United Kingdom is an annual event which takes place in the different part of the United Kingdom. The parade is usually held in London, Brighton, Liverpool and Manchester since these cities have the most LGBT population in the country. The parade in London is arranged by Pride London, which is a registered charity. They organizes LGBT events in London like the annual gay pride parade which is held every June or July. The stated aim of Pride London is to produce a highly professional Pride Festival and an annual Pride Day comprising a Parade through central

British Army joins up to Stonewall workplace scheme, Available from http://www.pinknews.co.uk/2008/07/14/british-army-joins-up-to-stonewall-workplace-scheme/, Accessed 24 March 2013, Internet. 78 Gays in the military: The UK and US compared , Available from http://news.bbc.co.uk/2/hi/8493888.stm, Accessed 24 March 2013, Internet. 79 Navys gay-friendly effort make it one of Britains top 100 employers , Available from http://www.royalnavy.mod.uk/News-and-Events/Latest-News/2012/January/12/120112-RN-Diversity, Accessed 24 March 2013, Internet.

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London, a politically based Rally and free entertainment in central London. The 2010 event was attended by 1 million people, making it the largest outdoor event in the UK.

In the British Armed Forces, the first one that took part in the Gay Pride March was the Royal Airforce in 2004.80 In 2005, the British Army for the first time joined the pride march in Manchester. The next year, 2006, all the three branches of the British Armed Forces joined the parade. The Royal Navy made history in the parade because it was the first time an armed force was allowed to march in uniform to attend a gay pride event. In 2008, All the three braches already allowed their LGBT personnel to parade in their uniform.

III.

Violence against LGBT personnel in the British Armed Forces

Discrimination on the grounds of sexual orientation and sexual identity against LGBT people is inevitable. LGBT are also vulnerable especially to those who are embedded with deep homophobic and transphobic attitude. Their are incidents in which they experience physical attack, sexually assaulted, tortured and even killed. This has been the reason why the LGBT community advocates to seek for anti-discrimination protection in many aspects of life like employment, housing, businesses and etc.

RAF officers join gay parade. Available from http://www.dailymail.co.uk/news/article-315634/RAFofficers-join-gay-parade.html, Accessed 24 March 2013, Internet.

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After the year of the lifting the ban for LGBT people in the British Armed Forces, there were legislations that were passed in order to secure the protection LGBT people in the United Kingdom. These legislations serve as the legal protection of LGBT people in case they experience discrimination, harassment of bullying in the grounds of their sexual orientation and sexual identity. Despite the inevitable presence of the discrimination in the British Armed Forces, cases of physical violence, harassment and bullying are prevented or solved because of the legal protection that is present in the country. Once an LGBT personnel experienced harassment, bullying or any form violence because of their sexual orientation they can complain to the Ministry of Defence, which is the headquarters of the British Armed Forces. The only time in which LGBT personnel complain to an employment tribunal is when he or she has made a complaint in respect of the same matter to an officer under the service redress procedures applicable to him or her; and that complaint has not been withdrawn. This is according to the Regulation 28 of the Employment Eqaulity (Sexual Orientation) 2003 Regulation. 81 The Employment Equality (Sexual Orientation) Regulations 2003, in the United Kingdom which is the legal protection of LGBT people once they are harassed in employment on the ground of sexual orientation or sexual identity. This happened in the United Kingdom in the case of Lance Bombardier Kerry Fletcher.

The Case of Lance Bombardier Kerry Fletcher

Lance Bombardier Kerry Fletcher, a 32-year old lesbian soldier, who was a victim of sex discrimination, victimisation and sexual harassment. Lance told an employment tribunal in Leed

The Employment Equality (Sexual Orientation) Regulation 2003 , Available from http://www.equalityhumanrights.com/uploaded_files/employment_equality__sexual_orientation__regulations_2003. pdf, Accessed 11 March 2012, Internet.

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that her career collapsed in the British Army as result of the actions of Staff Sergeant Ian Brown while she working at the Army stables in Topcliffe, North Yorkshire. Staff Serfeant Ian Brown sent her offensive text messages that mention things like he can convert her from being a lesbian and she could join him in a threesome with another woman. She complained and forward her case to the Ministry of Defence but she was even bullied after complaining and the Ministry of Defence took the side of the other party. After complaining, her car was vandalised, she was belittled at work and she receive sinister phone calls. Also, she was disciplined, her mental stability questioned and she was denied a transfer to a more suitable posting. With this, the tribunal judged MoD that they are no more than lip service to the concepts of equal opportunities and the prevention of discrimination inside the British Armed Forces. On November 2008, Lance won her case against the Ministry of Defence has been awarded a harassment payout that is 187, 000 in compensation for sex discrimination, vicrimisation and sexual harassment.82

IV.

Policies and Laws for the Protection of the LGBTs

A. Legal Protection of LGBTs in the United Kingdom The ban for LGBTs to render service in the British Armed Forces military that was abolished on January 12, 2000 paved way for everyone in the British Armed Forces to be treated equally. That event marked the lives of LGBTs who works and desires to work in the British Armed Forces because they can now experience the same rights and responsibilities as to all personnel in the military. Also, the abolishment of the ban in 2000 became the starting point for progress to
82

Lesbian soldier wins MoD harassment payout, Avaiable at http://www.pinknews.co.uk/2008/11/27/lesbiansoldier-wins-mod-harassment-payout/, Accessed 11 March 2013, Internet.

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happen in the United Kingdom in term of the rights of LGBTs in the country. Different laws and regulations were passed in the civilian law of United Kingdom to ensure the rights of the LGBTs in the facets of life in the United Kingdom. Regulations such as the Employment Equality (Sexual Orientation) Regulations 2003, the Civilian Partnership Act 2004, and the Equality Act 2010, which made a great impact and which is vital for LGBTs, were formed. The Employment Equality (Sexual Orientation) Regulations 2003 enable equal treatment and opportunities in employment for LGBTs in the United Kingdom. The Civilian Partnership Act 2004 permits the LGBTs and their partners to be recognized as civil partners and to be able to experience equal rights and benefits of married couples. And the Equality Act of 2010 is the law that brings together existing legislation on discrimination and equality. It binds 116 pieces of legislation into 1 single act, including the Employment Equality (Sexual Orientation) regulations 2003, and provides a legal framework to protect the rights of individuals and advance equality of opportunity for all.83

The Employment Equality (Sexual Orientation) Regulations 2003 The Employment Equality (Sexual Orientation) Regulations were made in on June 6, 2003 and came into force on December 1, 2003.84 These Regulations serve as the general framework for equal treatment in employment and enables the discriminations of workers with regards to their sexual orientation be unlawful in the United Kingdom. With this regulation, it is illegal to discriminate workers on the grounds of the individual being gay, lesbian, bisexual or

What is the Equality Act? Available from http://www.equalityhumanrights.com/legal-andpolicy/equality-act/what-is-the-equality-act/, Internet, Accessed 11 March 2013. 84 The Employment Equality (Sexual Orientation) Regulation 2003, Ibid.

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heterosexual.85 Regulation 6 provides that it is unlawful for an employers to discriminate against a person in the offering of the employment or in the terms of the employment. 86 The Employment Equality (Sexual Orientation) Regulation 2003 considers the following illegal: - To discriminate directly against anyone. This means to treat them less favorably than others because of their actual or perceived sexual orientation - To discriminate indirectly against anyone. This means to apply a criterion, provision or practice which disadvantages people of a particular sexual orientation unless it can be objectively justified. - To Subject someone to harassment. Harassment is an unwanted conduct that violates a persons dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them having regard to all the circumstances including the perception of the victim. -To victimize someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on grounds of sexual orientation; discriminate against someone, in certain circumstances, after the working relationship has ended.87 The Employment Equality (Sexual Orientation) Regulation 2003 served as the protection in law of LGBTs in the United Kingdom. With this, the Regulation 28 stated that people have the right to complain to an employment tribunal once they feel that they are being discriminated on the

Employment Equality Regulations Key Details, Available from http://www.proud2serve.net/civilianlaw/275-employment-equality-regulations-key-details, Internet, Accessed 11 March 2013. 86 The Legal Treatment of Homosexuals in the Armed Forces of Europe, Ibid. 87 Ibid.

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grounds of their sexual orientation. Regulation 30 provided a range of remedies to be ordered by the tribunal where a complaint is considered to be well-founded.88 The regulations apply in employment of staff areas as recruitment, terms and conditions, promotions, transfers, dismissals and training.89

Civil Partnership Act 2004 This bill was passed and received Royal Assent on November 18, 2004 and came into effect on December 5, 2005.90 A civil partnership is a legal marriage between gays and lesbians. The Civil Partnership Act 2004 enables the legal recognition of same sex partnerships in which it allows gay and lesbian couples to be united with their partner under a commitment ceremony. The commitment ceremony will be performed by a registrar and the ceremony would not take place in a church. Any couples who enter into a civil partnership obtain the new legal status of Civil Partners, instead of the traditional husband and wife status. 91 The same sex partner after the commitment ceremony will treated like a married couple and will be entitled to the same range of benefits as married personnel.92 Civil partnerships will have the following equal rights, and responsibilities:

Benefits that are income-related will be considered in regards to joint treatment

88

The Legal Treatment of Homosexuals in the Armed Forces of Europe, Ibid. 89 Employment Equality (Sexual Orientation) Regulations 2003 , Available from https://www.standrews.ac.uk/staff/policy/hr/sexualorientationemploymentequalityregulations/, Internet. Accessed 11 March 2013. 90 The Civil Partnership Act, Available from http://www.stonewall.org.uk/at_home/civil_partnership/2 622.asp, Internet, Accessed 11 March 2013. 91 Civil Partnership, Available from http://www.civilpartnershipinfo.co.uk/, Internet, Accessed 11 March 2013. 92 Civil Partnerships, Available from http://www.proud2serve.net/civil-partnerships, Internet, Accessed 11 March 2013.

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Tax, including inheritance tax Benefits from state pensions will also become a joint treatment The duty of providing maintenance to your partner and any children of either party Each party of the union will become a parental figure and thus become responsible for any children either person may have

Inheritance in regards to an agreement of tenancy Domestic violence protection Access to compensation of fatal accidents Succeed to rights of tenancy The registration of a civil partnership will have merit for the purposes of immigration Hospital visiting rights as next of kin Like traditional marriage, those that are involved in a civil partnership are exempt from being required to testify in court against one another

Each partner has the responsibility to be assessed for child support, in the same manner as that of civil marriage

Treatment comparable to that of a civil marriage in regards to life assurance The benefits that arise from Pension and Employment93

The Equality Act of 2010

The Equality Act of 2010 received royal assent on October 8, 2010 and entered force on October 10, 2010. It brings together, simplify and harmonize the existing different pieces of
93

Civil Partnership, Ibid.

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legislation regarding discrimination and equality into one single act. Before it came into force, the United Kingdom has numerous and complicated legislation regarding discrimination. This act is now the new anti-discrimination law of the Unite Kingdom which ensures consistency in what employers and business owners need to do to make the workplace a fair environment for everyone.94 Here are the list of old legislations that the Equality Act of 2010 brought together: The Equal Pay Act 1970, The Sex Discrimination Act 1975, The Race Relations Act 1976, The Disability Discrimination Act 1995, The Employment Equality (Religion and Belief) Regulations 2003, The Employment Equality (Sexual Orientation) Regulations 2003, The Employment Equality (Age) Regulations 2006, The Equality Act (Sexual Orientation) Regulations 2007.

This Act covers the same groups that were projected by the existing legislations. It defines nine protected characteristics. These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, gender and sexual orientation.95 People who possess these characteristics, the ones who experience discrimination because they are perceived to possess these characteristics or discriminated because they are associated with someone with these characteristics are the ones protected from discrimination. This Acts implications to LGBTs is that instead of looking for your rights in different sources, you just have to look at this piece of legislation. Also, the Act provided a new definition to gender reassignment. The Act provided protection for transsexual people. The term gender reassignment was changed. Before, the definition of a transsexual person is someone who have

Equality Act 2010 Explained, Available from http://www.proud2serve.net/civilian-law/573-equality-act2010-explained, Accessed 11 March 2013, Internet 95 Introducing the Equality Act 2010 , Available from http://www.fpb.org/hottips/588/Introducing_the_Equality_Act_2010.htm, Accessed 11 March 2013, Interent.

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undergone medical procedure or process to change his or sex, but by this act, the definition is extended also to those who havent undergone a medical procedure. It will be considered discrimination if you treat a transsexual person less favorably for being absent from work because they propose to undergo, are undergoing or have undergone gender reassignment.96

V.

Policies for the Protection of LGBTs in the British Armed Forces

Aside from the Legislations like the Employment Equality (Sexual Orientation) Regulations 2004, Civil Partnership Act 2004 and Equality Act 2010 that were provided by the Civilian Law of the United Kingdom, there are also various legislations that ensure the protection of LGBTs inside the British Armed Forces. It is an MOD policy that service and civilian personnel regardless of rank or grade, have a right to be treated with dignity, and a responsibility to do all they can to ensure that the working environment is free from all forms of harassment and that the dignity of others is respected.97 The Joint Service Publication (JSP) 763 which is titled The MOD Bullying and Harassment Complaints Procedures is a guide for all MOD Service and Civilian personnel about making, responding to, advising on, investigating, and deciding on, complaints of bullying and harassment". This sets out the procedures for dealing with the complaints with regards to direct or indirect discrimination, bullying and harassment.

Equality Act 2010, Available from http://www.lgbt.co.uk/legal/19-legislation/26-equality-act-2010, Accessed 11 March 2011, Internet. 97 The MOD Bullyingand Harassment Complaints Procedures, Available from http://www.proud2serve.net/images/downloads/1043_20101208-JSP763_%20Dec_10_Reissue-final-U.pdf. Accessed 11 March 2011, Interent.

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CHAPTER III

Conclusion and Recommendation

Conclusion

As stated in Chapter One, this study aimed to know the present status of Lesbians, Gays, Bisexuals and Transexuals (LGBTs) personnel in service with the British Armed Forces. After the discussion above and based on the facts gathered, the findings have indicated that LGBTs in the British Armed Forces still experience discrimination because of the fact that discrimination against the LGBT people is inevitable. However, harassment, bullying or any other form of

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violence are prevented due to the presence of the legal protection provided by the Ministry of Defence and the United the Kingdom.

In the timeline of events from the year 2000 up to the year 2010, the researcher saw the progress that occurred in the British Armed Forces specially in its three brances, the British Army, the Royal Navy and the Royal Airforce. These progresses are all for the rights and welfare of the LGBTs and thus, contribute to the good status today of the LGBTs today inside the British Armed Forces. Each branch are making efforts to ensure that LGBTs are treated fairly by maintaining commitment to equality, diversity and inclusion. Furthermore, we can see that military have changed and embrace LGBT personnel after the lifting of the ban in 2000 through the activities and programs in which these three braches participates and their cooperation with Stonewall. With this, the researcher can say that as of the year 2010, LGBT people already has the equal status as to their heterosexual counterparts inside the British Armed Forces,

Recommendation

To be honest, the researcher thinks that this research was not a success and is far from perfect. Although, the researcher believes that knowledge is a continual process, a never ending one. After doing this research, the researcher made recommendations that would further improve future studies in this area. But first, the researcher would like to point out some of the limitations of this research:

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The focus of the study is the British Armed Forces of the United Kingdom. The researcher of this study is from the Philippines and thus, the researcher experienced a hard time collecting data from a primary source because of this geographical difficulty.

Although, the research have contacted an officer in the British Armed Forces to be interviewed for this research, it is a policy inside the British Armed Forces that no soldier could answer external questionnaires about their job without permission from the Ministry of Defence. Asking permission to the Ministry of Defence would talk a lot of time thats why the research only got the data and facts on secondary sources.

Apart from the limitations mentioned above, there are other limitations as well. The researcher compiled this list to be done for the future research, as these cannot be done in this research: Go beyond what can be seen in the Internet. Explore other sources and interview or survey is the to this. Since it is a requirement in the British Armed Forces to have permission before doing interviews, make sure to provide enough time for to ask permission and hand our the questionnaire to people who will be surveyed or interviewed. As the researcher concludes that LGBTs are already experiencing the equal status to that of their heterosexual counterpart. The researcher would still like to encourage future researchers to tackle and review this issue. The researcher strong encourage to make sure that an LGBT personnel in the British Armed Forces would be interviewed or survey.

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