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Biden’s LGBTQ Military Policy Will Aid Sexual Predators: Report

January 13, 2025

The Biden-Harris administration is contemplating settling a sweeping class actions lawsuit, which its advocates referred to as “reparations,” to give taxpayer benefits to those expelled from the armed forces for committing sodomy — an action that could benefit those guilty of non-consensual sexual assault or harassment.

The plaintiffs demanded the Biden administration offer “reparations now” by giving dishonorably discharged veterans a panoply of taxpayer-funded benefits, including college benefits, preferential status for government jobs, and “discounts at stores and restaurants,” as well as a greater claim on “society’s admiration.”

 As this author reported at The Washington Stand in September 2023:

“The case, Farrell v. United States Department of Defense, contends that the ‘U.S. Armed Forces allows that discrimination to live on in the discharge papers carried by LGBTQ+ veterans.’ The plaintiffs want the armed services to automatically amend their discharge form DD-214, giving them access to ‘a vast network of potential benefits for veterans including healthcare benefits, educational benefits, and financial benefits (e.g., lending opportunities),’ as well as ‘home loan financing and job benefits’ available to those who earned an honorable discharge. They also demand ‘an expressly codified employment advantage in nearly every government sector.’”

Two left-wing legal groups — Legal Aid at Work and The Impact Fund — pressed the lawsuit in the U.S. district court of northern California, based in San Francisco. The lead plaintiff, 63-year-old Sherrill Farrell, served in the Navy for less than a year during the 1980s.

“It wasn’t about the money,” insisted Farrell.

The Biden-Harris administration filed a proposed settlement to the lawsuit on January 3, letting any LGBT-identifying service member who received a less-than-honorable discharge and was not subject to a court-martial would have three years to request a new status that opens the door to federal benefits and private-sector privileges.

“If your DD-214 references sexual orientation and your discharge characterization is Honorable or Uncharacterized/Entry Level, you would be able to request a new DD-214 that does not reference sexual orientation,” explains the proposed settlement. “If your DD-214 references sexual orientation and your discharge characterization is General Under Honorable Conditions or Under Other Than Honorable Conditions, you would be able to request a review for an upgrade to your service characterization and a new DD-214 that does not reference sexual orientation.”

The settlement would allow applicants to bypass any Defense Department review.

But those conditions would confer federal, taxpayer-funded benefits reserved for honorable military veterans and “society’s admiration” on those the military has deemed guilty of being sexual predators.

“Advocates of open homosexuality in the military often lament the fact that several thousand members of the military have been discharged under the 1993 since its enactment. However, what they fail to note is that many of those discharges are actually for sexual assaults,” wrote former Family Research Council scholar Peter Sprigg in his report “Homosexual Assault in the Military” in May 2010.

Sprigg documented numerous cases of homosexual predators who would benefit under the proposed Biden-Harris reparations-oriented settlement. He quoted military cases outlining such instances, stating:

  • “After a night of heavy drinking with the Subject, Victim awoke believing he had been sodomized by Subject while he slept. Subject admitted he had performed oral and anal sex on sleeping victim. Article 32 Investigating Officer recommended against referral. Subject was administratively separated for homosexual conduct with an Honorable Discharge.”
  • “Victim, who was highly intoxicated, had fallen asleep at Subject’s house when Victim awoke to being orally copulated. ... Command advised Subject will received [sic] general discharge from USN for engaging in homosexual behavior.”
  • “Victim was sleeping and awoke to find Subject orally copulating him without Victim’s consent. ... Subject was awarded a General Discharge from the USN for Homosexual Acts.”
  • “Victim was talking to Subject when Subject claimed the two had been ‘messing around’ on a previous evening, while Victim was sleeping after consuming a large amount of alcohol. Subject admitted to Victim he had performed oral sex on him. ... Per the SJA, an Administrative Separation Board recommended the Subject receive a General Discharge from the USN for homosexual behavior.”

Not all such predators are ever expelled from the military. A 2009 military report revealed that the Army found a man allegedly committed Wrongful Sexual Contact against a fellow man but required only that he receive “oral counseling.” Another man accused of abusing three intoxicated men received a written reprimand. 

At the time, Sprigg noted that “there is already a significant problem of homosexual misconduct in the military.” Overall, 8.2% of the 1,643 sexual assaults “of all military sexual assault cases” reported in the 2009 Fiscal Year “were homosexual in nature.” Of these, 7.55% were male-on-male, while 0.61% were female-on-female. “This suggests that homosexuals in the military are about three times more likely to commit sexual assaults than heterosexuals are, relative to their numbers,” wrote Sprigg. (Emphasis in original.)

“If homosexuals become a protected class within the military, victims will be afraid to report incidents of homosexual assault and commanders will be afraid to punish them, lest they be accused of ‘discrimination’ or ‘homophobia,’” Sprigg foresaw.

A 2001 study found that men who have sex with men were 657% more likely, and lesbians were 2,200% more likely to have been molested as children than their heterosexual counterparts. Numerous studies show victims of molestation become more likely to commit molestation or other acts of sexual abuse. 

The United States historically regarded same-sex relations as a bar to a successful military career. During the American Revolution in 1778, George Washington said he expelled two men from the Continental Army, because he recoiled from “sodomy” with the “Abhorrence & Detestation of [other] Infamous Crimes.” Under a far more liberal president, Bill Clinton, the Pentagon stated in 1993, “Homosexuality is incompatible with military service.”

Yet discharges for sodomy remained rare. The U.S. military gave a less-than-honorable discharge to less than 1% of armed service members between 1980 and 2011: 29,177 service members of the U.S. military, which included between 1.4 million and 2.1 million members annually during that time frame.

Barack Obama repealed the “Don’t Ask, Don’t Tell” policy, and Joe Biden allowed those who identify as members of the opposite sex to join the military. Both administrations said they had to lift the historic policies to access “the best” quality recruits.

The Biden-Harris administration granted a sweeping pardon to those who had been convicted under the Uniform Code of Military Justice’s former Article 125, which stayed on the books unchanged for 62 years. In June of last year, Biden intoned, “I am righting an historic wrong.” At the time Kelley Robinson, president of the LGBTQ pressure group Human Rights Campaign, stated, “We look forward to working with the Departments of Defense and Veterans Affairs to ensure that every LGBTQ+ veteran harmed by discriminatory policies in years past gets the proper recognition, benefits, and services they deserve.”

Biden ordered the Defense Department to begin a proactive review of those discharged under the “Don’t Ask, Don’t Tell” policy. In October, Biden Defense Secretary Lloyd Austin announced that more than 800 LGBT-identifying soldiers could upgrade the dishonorable discharge status they earned for violating the military’s code of conduct on homosexuality. 

The judge is expected to decide whether to approve the agreement within 90 days.

Ben Johnson is senior reporter and editor at The Washington Stand.



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