![]() | Name: Coast Guard Academy Location: New London, Connecticut |
Concerning GLBT Equality:
The Coast Guard Personnel Manual reads:
12.E Homosexual Conduct
12.E.1.a Policy
- Sexual orientation is considered a personal, private matter and is not a bar to Service entry or continued service unless manifested by homosexual conduct. Homosexual conduct, are grounds for separation from the Coast Guard.
- At no time will a member, or prospective member, be asked or required to reveal whether he or she is heterosexual, homosexual, or bisexual. Nor will he or she be asked or required to reveal whether he or she has engaged in homosexual conduct, unless independent evidence is received indicating he or she engaged in such conduct or he or she volunteers a statement that he or she is a homosexual, bisexual, or words to that effect.
- The general policy on homosexual conduct applies to all active and Reserve officers and enlisted members, and all accession points.
- The policy covers five functional areas: accession, separation, criminal investigations, personnel security investigations, and military training.
12.E.1.b Definitions
- Bisexual. A person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual and heterosexual acts.
- Homosexual. A person, regardless of sex, who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts.
- Homosexual Act.
- Any bodily contact, actively undertaken or passively permitted, between members of the same sex for the purpose of satisfying sexual desires, and
- Any bodily contact that a reasonable person would understand to demonstrate a propensity or intent to engage in an act described in subparagraph (a) above.
- Homosexual Conduct. A homosexual act, a statement by the member that demonstrates a propensity or intent to engage in homosexual acts, or a homosexual marriage or attempted marriage.
- Propensity. The likelihood a person engages in or will engage in homosexual acts, beyond a mere abstract preference or desire to engage in homosexual acts.
- Separation Authority. An official authorized by the Commandant to take final action on a specified type of separation. The authority for most separations resulting from homosexual conduct is Commander (CGPC-opm), (CGPC-epm), or (CGPC-rpm).
- Sexual Orientation. An abstract sexual preference for persons of a particular sex, distinct from a propensity or intent to engage in sexual acts.
- Statement a Member Is a Homosexual or Bisexual or Words to That Effect. Language or behavior that a reasonable person would believe intends to convey that a person engages in, attempts to engage in, or has a propensity or intent to engage in homosexual acts. This may include statements such as, “I am a homosexual, “I am gay, “I am a lesbian, and the like.
12.E.2 Accession Policy
- Homosexual conduct is grounds for barring entry into the Coast Guard as follows:
- An applicant shall be rejected for entry into the Coast Guard if evidence is received indicating he or she engaged in, attempted to engage in, or solicited another to engage in homosexual acts, unless there is a further determination that:
- Such acts depart from the applicant’s usual customary behavior;
- Under all circumstances they are unlikely to recur;
- They were not accomplished by using force, coercion, or intimidation; and
- The applicant does not have a propensity or intent to engage in homosexual acts.
- An applicant shall be rejected for entry into the Coast Guard if he or she states he or she is a homosexual or bisexual, or words to that effect, unless there is a further determination he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts. Such a determination will be made in the course of the normal accession process.
- An applicant shall be rejected for entry into the Coast Guard if, in the course of the accession process, evidence is received demonstrating an applicant has married or attempted to marry a person known to be of the same gender (evidenced by the external anatomy of the persons involved).
- Before enlistment, commissioning, or induction, all applicants and inductees will be advised homosexual conduct is grounds for separation from the Coast Guard. Failure to receive such information shall not constitute a defense in any administrative or disciplinary proceeding.
- Nothing in this accession policy requires rejection for entry into the Coast Guard when it is determined that:
- An applicant or inductee stated, engaged in acts, or married or attempted to marry a person of the same sex to avoid military service; and
- Rejection of the applicant or inductee would not be in the best interest of the Coast Guard.
12.E.2 Seperation Policy
The suitability of persons to serve in the Coast Guard will be judged on the basis of their conduct and ability to meet required standards of duty performance and discipline. A member’s sexual orientation is considered a personal, private matter and is not a bar to continued service unless manifested by homosexual conduct as described in this article. There are three bases for separation:
- Homosexual Acts. A Service member shall be separated if he or she has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts, unless there are approved further findings of all these:
- Such acts depart from the member’s usual, customary behavior;
- Such acts under all circumstances are unlikely to recur;
- Such acts were not accomplished by using force, coercion, or intimidation;
- Under the particular circumstances of the case, the member’s continued presence in the Coast Guard is consistent with the Coast Guard’s interests in proper discipline, good order, and morale; and
- The member does not have a propensity or intent to engage in homosexual acts.
- Statements. A service member shall be separated if he or she states he or she is a homosexual or bisexual, or words to that effect, unless there is a further approved finding the member has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts.
- A member’s statement that demonstrates a propensity or intent to engage in homosexual acts is grounds for separation not because it reflects the member’s sexual orientation, but because it indicates a likelihood the member engages in or will engage in homosexual acts.
- A member’s statement he or she is a homosexual or bisexual, or words to that effect, creates a rebuttable presumption the member engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts.
- The member shall be advised of this presumption and given the opportunity to rebut it by presenting evidence demonstrating he or she does not engage in, attempt to engage in, have a propensity to engage in, or intend to engage in homosexual acts.
- In determining whether a member has successfully rebutted the presumption that he or she engages in, attempts to engage in, or has a propensity or intent to engage in homosexual acts, some or all of the following may be considered; this list is not exhaustive; any other relevant evidence may also be considered:
- Whether the member has engaged in homosexual acts;
- His or her credibility;
- Testimony from others about the member’s past conduct, character, and credibility;
- The nature and circumstances of the member’s statement; and
- Any other evidence on whether the member is likely to engage in homosexual acts.
- Marriage. A service member shall be separated if he or she has married or attempted to marry a person known to be of the same biological sex (evidenced by the external anatomy of the persons involved).
The Coast Guard Personnel Manual can be viewed as a PDF here.