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In April 1987 Joseph C. Steffan, one of the ten highest ranking midshipmen in his class at the U.S. Naval Academy, and only six weeks from graduation, was denied his diploma and forced to resign his commission because he answered "Yes, sir" to the question, "I'd like your word, are you a homosexual?" Six years later his cause, and that of other gay men and lesbians seeking to serve their country by enlistment in the military, has become the subject of intense national controversy. This unusual and innovative work, based on the litigation strategy and court papers filed in the case of Joseph C. Steffan v. Richard Cheney, Secretary of Defense, et al., brings the resources of clinical psychiatry, clinical and social psychology, cultural history and political science to bear upon the fundamental questions at issue: How is sexual orientation determined? How and why have socially prejudiced stereotypes about male and female homosexuals developed? Why have gays faced special obstacles in defending themselves against discrimination? How much political power do gays have?
Marc Wolinsky and Kenneth Sherrill argue that gays constitute a politically powerless class that has been unjustly deprived of its constitutional right to equal protection under the law. They have collected here the affidavits filed on behalf of Joseph Steffan in his suit against the United States government, together with the counter-arguments of the Department of Defense and the extraordinary opinion of the U.S. District Court for the District of Columbia. Whatever the outcome of the case, presently on appeal to the United States Court of Appeals for the District of Columbia Circuit, this book will stand as a lasting and indispensable guide to the sources of sexual discrimination.
- Sales Rank: #15541213 in Books
- Published on: 1993-10-04
- Original language: English
- Number of items: 1
- Dimensions: 9.50" h x 6.25" w x .75" l,
- Binding: Hardcover
- 248 pages
Review
One of Choice's Outstanding Academic Titles for 1994
Named an Outstanding Book by the Gustavus Meyers Center for the Study of Human Rights in North America for 1998
"This is a valuable resource for anyone wishing to understand the constitutional, emotional, human, and organizational issues involved. It is a remarkable collection of materials concerning homosexuality in the military and provides a service to all in understanding the current national debate."--Choice
Most helpful customer reviews
3 of 3 people found the following review helpful.
Documents from a fascinating legal case
By Michael J. Mazza
"Gays and the Military: Joseph Steffan versus the United States" is edited by Marc Wolinsky and Kenneth Sherrill. In their introduction the co-editors note that this anthology contains "the most significant portions of the court record from a case known as _Joseph C. Steffan_ v. _Richard Cheney, Secretary of Defense_." They also note that Steffan was forced to resign from the United States Naval Academy after confirming that he was homosexual; the litigation began in 1988.
Some of the documents included in this book are truly fascinating. A memorandum in support of summary judgment for Steffan reproduces some outrageous quotes opposing racial integration and equality in the naval services in the 1940s. Scholar John Boswell contributes an illuminating affidavit analyzing the history and use of the epithet "homo"; this piece is a response to the judge using this epithet in reference to Steffan. Robert Rankin, a professor of psychiatry with 21 years of Navy service, offers testimony demonstrating "that gay men and women have served in the United States armed services throughout their history and in every armed conflict with distinction and in substantial numbers." Another interesting affidavit documents other nations' inclusive policies towards gays in the military. Of particular importance is Judge Oliver Gasch's 1991 opinion.
Along the way the contributors cite a number of relevant studies, as well as a number of similar cases: _ben-Shalom_, _Dronenburg_, _Watkins_, etc. The pieces cover many issues pertaining either directly or indirectly to Steffan's case: the issue of homosexual orientation being "separate and distinct from homosexual conduct"; the use of "aversion shock treatment" in attempts to change sexual orientation; democracy and the concept of the "tyranny of the majority"; anti-gay violence; the relevance of sodomy laws; etc. Some of the most interesting passages look at parallels between treatment of gays and treatment of other distinct groups; for example, a case debating whether the military can prohibit the wearing of yarmulkes is mentioned.
This book incorporates a dense body of facts and citations. At times the language may strike some readers as mind-numbingly technical. But at its most striking the contributions touch deeply on the human issues at the core of this case. _Steffan_ is certainly an important case, and this book is an extremely valuable window into it. Also recommended: "Honor Bound," Steffan's own well-written memoir of his Academy days and legal fight.
1 of 2 people found the following review helpful.
A useful-enough text
By Jeffery Mingo
This book deals with issues that occured before the gays-in-the-military debate was in full swing in 1993. Thus, it feels a little dated. Further, it's a collection of documents that fueled the debate, rather than an analysis or an autobiography from one of the expelled gay soldiers. Still, when I was writing my senior college thesis, this book was useful to me. Its best item is an affidavit submitted by the late gay scholar John Boswell. There are better books on the topic, but this one wasn't bad.
0 of 0 people found the following review helpful.
"Evolving Standards of Decency" -- a Psychotherapist's Review
By David C. Young
About 40 years ago, a very different Supreme Court struck down capital punishment as “cruel and unusual”. In saying why it made that decision, it cited “evolving standards of decency”. (Obviously, by that logic, the Supreme Court was then more evolved than now.) The point, however, is a good one for our law. We not only have laws, but cases tried, or case-law, which interpret those laws. And both laws and case-law have “evolved” in ways that strongly tend, over considerable time, to give more rights to ever-widening groups of people. Said another way, we all have gained more rights over time, and excluded groups have tended to gather the legal rights extended to the majorities and the powerful. The woman who raised me, for example, could not vote when she was 21. The parents of our current president could not have been legally married in many states when he was born. When I entered college, in only one state, Illinois, was sex between men or between women legally permitted. (By the way, many of those same laws also made heterosexual oral and anal sex illegal. But these were never prosecuted.) Only a decade ago, a decade after this case was tried, the Supreme Court struck down remaining state “sodomy statues”.
Laws and case-laws change as society becomes more tolerant, even accepting – as it evolves in its understanding of what’s fully-human in terms of what we do and who we are.
This book, published by Princeton University, marks an important point, more than 20 years ago, just before Clinton’s Don’t Ask/Don’t Tell, now recently discarded. It’s mostly a collection of affidavits – the case never got to testifying; the judge ruled in summary judgment based on affidavits. These affidavits gather the legal reasoning for allowing a young man, summarily dismissed from the Naval Academy solely for admitting homosexuality, and not for any homosexual behavior, back into the Academy for graduation and into the Navy for deployment. The affidavits also gather historical, psychological, and social evidence in support of that legal reasoning.
As the editors say, “If Joseph Steffan had not had the courage of his convictions and a passionate commitment to justice, this book would have been impossible. He provided us with the opportunity to try to use our professional skills to end the United States military policy of discriminating against gay people. All Americas are indebted to the courageous lesbians and gay men who risked their lives – physical and professional –to fight for our constitutional rights.”
I became interested in this issue when I was asked by several folks if I was would see GLBT military. Even though gays & lesbians may now openly serve in our military – this being the same policy of most of our major allies – understandably, many GLBT servicepersons are still wary. I said yes, and I’ve begun reading-up. As a former historian, among my reading is not only the science and social science involved, but also the history.
The editors’ “Introduction” sets out a good summary for how and why groups or classes of individuals are afforded legal protection – the legal term is “suspect class”. It’s also a great summary of the evidence presented in support of that legal reasoning – historical, psychological, sociological. I found that, alone, fascinating. As a psychotherapist, I hadn’t realized the standards used and the legal reasoning involved. And the presentation of evidence was in affidavit form -- dry reading, but lean & mean, almost outline form. The conclusions drawn from this evidence haven’t changed since then. There’s no evidence that GLBT are security risks, and abundant evidence that GLBT are as discreet, controlled and as psycho-socially healthy as heterosexuals. There’s also abundant evidence that gays have served and do serve the military as successfully as heterosexuals – across world history, across US history, and in the experience of most Western countries, many of whom have for some time – even at the time of this case – allowed GLBT to serve openly.
Those presenting evidence were, indeed, experts in their field, such as the historian (& then chairman of Yale’s History Department), John Boswell, as well as scientific and social-science researchers. (It was especially sad that Boswell had to present historical evidence against the presiding judge’s repeated use of the epithet, “homo”.) Highlights included not only Boswell’s historical evidence, but extensive sections demonstrating the extent & severity of prejudice and violence against gays & lesbians in America. I found it fascinating how this was related to the legal reasoning to justify that, indeed, GLBT like blacks and the disabled, merit special scrutiny. For example, the level of violence – yes, violence -- reported by gay and lesbian college students at top colleges was WAY above the average for the country-at-large, even WAY above those living in poor and violent-prone areas. I knew that GLBT are subject to violence, but something about the bare statistics presented really drove that home. More hopefully, Kenneth Sherrill’s presentation of research on prejudice, not only against GLBT, had good specific suggestions – still, I’m sure, quite valid – on basic ways to help change those trapped in those prejudices. As someone who has worked, professionally, with the military for 20 years, I have seen the ongoing struggles of blacks & women, and the inroads that can be made when these measures are put in place AND publically, really supported all-the-down the chain-of-command.
I recommend this book to all interested in the topic. It surely doesn’t read like a novel. But I could quickly gain the information of “what it was like” and “what we knew” then. And that, I found, was both sobering and heartening. I believe it may play a part in allowing me to support, challenge, perhaps even help change entrenched & mistaken views.
And these views, now that our military allows GLB to openly serve (the word isn’t clear, yet, on transgendered), like the views of women, blacks & Hispanics, and like views of American society, will of necessity be changing. And that, of course, will take many different kinds of knowledge, some of which is well-outlined here.
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