UK: Gay ban in military to be reviewed
01 September 1995
The Ministry of Defence is to review the ban on lesbians and gay men serving in the armed forces. This decision was announced on 4 September and follows the court case in which four ex service men and women attempted to overturn the ban (see Statewatch, vol 5, no 3).
The decision is being seen by many as an indication that the current position is becoming increasingly untenable. Although the MoD eventually won the right to maintain the ban the court strongly urged that the policy be looked at again. Most legal experts are coming to the conclusion that the ban breaches the European Convention on Human Rights, leaving the UK government in the position of eventually having to conform as well as having to pay compensation to any gay service personnel who have been dismissed as a result of their sexuality.
However the high level of opposition among military chiefs has led to doubts about whether the review will lead to the overturning of the ban. Among others the First Sea Lord has already declared his outright opposition to any change in current policy, stating: "The stand is no, we are talking declared homosexuals. Very definitely no." Others are suggesting a compromise in which lesbians and gay men would only be banned from "front line" regiments, such as the royal marines and from fighting ships.
The MoD doubt whether any such compromise would be applicable in practise, and would probably be legally unsustainable as well. The lesbian and gay rights campaigning group Stonewall are already calling for a moratorium on dismissals and investigations into homosexuality in the armed forces. A spokeswoman said: "We have always maintained that the ban is based on prejudice and prejudice alone." The review is due to report to a Parliamentary select committee in the new year. The result of the judgement of the Court of Appeal is also awaited.
Independent, 5.9.95; Pink Paper, 8.9.95 & 15.9.95.