Thursday
Circumventing "don't ask don't tell"
Professor Ian Ayres at Yale Law School has a very interesting proposal for gradually phasing out the military's sexual orientation discrimination. I've only read his summary of the plan, rather than the complete essay, but it seems to be based on a very optimistic view of human nature. "Would you prefer to serve in a command without any gay personnel? Imagine that every soldier upon entering the military was asked a simple question. Soldiers would know that if they answer “No” they would be assigned to an “inclusive” command, and that if they answer “Yes” they would be assigned to an “exclusive” command."
The idea is that as its seen that the inclusive units are no less effective than the exclusive ones, future soldiers will be more likely to join the inclusive ones. Eventually, all units will be inclusive. I have a couple of questions about this plan, any or all of which may be addressed in their complete article.
Most obviously, what if very few soldiers do choose the inclusive groups? If this were to take place, it seems like it would actually reinforce don't ask don't tell, since it would show that most soldiers don't want an integrated unit. Another problem would be the military setting up this program in bad faith, purposely assigning commanding officers such that the inclusive units are less successful than exclusive ones. But even assuming that a good number of soldiers do choose inclusive units and the military acts in good faith and (as seems extremely likely) the inclusive units are as effective, I think there could still be a problem here. Couldn't setting up the choice between inclusive and exclusive in the military cause that option to become widespread, or at least widespread within government? If it's acceptable to organize the armed forces that way, why can't parents demand the choice for exclusive or inclusive schools? That would be very bad, and it's not totally clear to me that making this acceptable in the one situation wouldn't lead to it being seen as increasingly acceptable in others.
Update: A commenter at Balkinization notes that major exercises, inclusive units would have to work with exclusive ones. This would lead to a plethora of problems with Ayres proposal.
In conclusion, the military has to stop discriminating based on sexual orientation. Supposed problems with unit cohesion where combat effectiveness is damaged by sexual relationships or jealousy all assume that the current system completely prevents homosexual relationships between combat soldiers, rather than just driving them underground and penalizing soldiers who engage in them.
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The idea is that as its seen that the inclusive units are no less effective than the exclusive ones, future soldiers will be more likely to join the inclusive ones. Eventually, all units will be inclusive. I have a couple of questions about this plan, any or all of which may be addressed in their complete article.
Most obviously, what if very few soldiers do choose the inclusive groups? If this were to take place, it seems like it would actually reinforce don't ask don't tell, since it would show that most soldiers don't want an integrated unit. Another problem would be the military setting up this program in bad faith, purposely assigning commanding officers such that the inclusive units are less successful than exclusive ones. But even assuming that a good number of soldiers do choose inclusive units and the military acts in good faith and (as seems extremely likely) the inclusive units are as effective, I think there could still be a problem here. Couldn't setting up the choice between inclusive and exclusive in the military cause that option to become widespread, or at least widespread within government? If it's acceptable to organize the armed forces that way, why can't parents demand the choice for exclusive or inclusive schools? That would be very bad, and it's not totally clear to me that making this acceptable in the one situation wouldn't lead to it being seen as increasingly acceptable in others.
Update: A commenter at Balkinization notes that major exercises, inclusive units would have to work with exclusive ones. This would lead to a plethora of problems with Ayres proposal.
In conclusion, the military has to stop discriminating based on sexual orientation. Supposed problems with unit cohesion where combat effectiveness is damaged by sexual relationships or jealousy all assume that the current system completely prevents homosexual relationships between combat soldiers, rather than just driving them underground and penalizing soldiers who engage in them.
