Powell Defends, Nunn Praises Order on Gays

The Joint Chiefs of Staff on Tuesday defended President Clinton’s order easing the ban on homosexuals in the military, as Senate Armed Services Committee Chairman Sam Nunn (D-Ga.) praised the new policy and said that he hopes to write it into law.

In a three-hour appearance before Nunn’s committee, the chiefs joined Defense Secretary Les Aspin in fending off suggestions from GOP critics that the policy could erode the fitness of the U.S. military for battle.

“It removes an element of uncertainty, an element of friction, an element of tension that has, frankly, reduced some of the readiness of the force in recent months,” said Gen. Colin L. Powell, chairman of the Joint Chiefs. “The settlement of this issue on a basis that Congress agrees with, the Administration agrees with and the uniformed leadership of the armed forces agrees with will enhance our combat readiness by removing this distracter.”

The Joint Chiefs’ appearance came one day after Clinton announced what he described as “an honorable compromise” aimed at ending a controversy that has dogged his Administration since its first days. Although the President promised during the campaign to lift completely the ban on gays in the military, he instead proposed a system under which homosexuals could join the military but would not be permitted to openly acknowledge their sexual orientation or engage in homosexual acts.

He angrily defended that decision Tuesday, arguing, in response to a question from a reporter, that the compromise was “not a sign of weakness.”

“I am the first President who ever took on this issue. Is that a sign of weakness? It may be a sign of madness, sir, but it is not a sign of weakness,” he said.

Meanwhile, Republican members of the Armed Services panel voiced skepticism that the new policy would work.

Several argued that it is unrealistic to expect homosexuals to remain celibate throughout their military service. “Simply put, it’s a charade. It’s ridiculous,” Sen. Robert C. Smith (R-N.H.) said.

Aspin conceded that living with the standard could prove difficult. Homosexuals “would be much more comfortable pursuing another profession,” he said.

Other critics said that the policy, which sets different standards of behavior for gays and heterosexuals, would invite legal challenges. “What you are doing is beginning a long, long lawyers relief fund. This is going to be a situation where case after case after case is going to be tried in court,” said Sen. John McCain (R-Ariz.).

In reply to those criticisms, Aspin noted that the previous policy of banning homosexuals from military service has been under fire legally as well. He also produced a memorandum from Atty. Gen. Janet Reno, in which she contended that the new policy will be more defensible against lawsuits than the previous one.

Noting that it draws a distinction between homosexual conduct and sexual orientation, she wrote that “this change will make decisions made under the policy appear fairer, more even-handed and conduct-based and therefore easier to defend.”

Nunn, who earlier had indicated that he might oppose the new policy, told reporters after the hearing that most of his concerns had been put to rest. He also suggested that the policy was less a change from current practices than the Administration had portrayed it.

“It’s generally consistent with the interim policy we now have . . , which has been working for the last six months,” he said.

The interim policy was instituted in February after Clinton’s efforts to unilaterally lift the ban by presidential order met with sharp resistance from Congress, the military and the public. While it was in place, incoming recruits no longer were asked their sexual orientation but were still required to keep it private.

Nunn said that he hopes to write the new policy into law, to prevent future administrations from changing it and to strengthen it against court challenges. The Administration has made it clear that it would prefer to see the matter remain a Defense Department policy, which gives the Pentagon broader leeway in how to interpret it.

Nunn said that he would not proceed with legislation unless he believes that he can win support from a majority of senators. “We’ve got pluralities in every direction. The question is whether there is a majority,” he said.

Conservatives, led by Sen. Dan Coats (R-Ind.), have indicated that they will move to reinstate the total ban on gays serving in the military. An aide to Coats said Tuesday that the senator is waiting to see what action Nunn takes before he drafts his legislation.

Liberals, however, said that the policy is too restrictive. “Thousands of gay men and lesbians currently living a lie . . . to serve their country deserve better,” Sen. Edward M. Kennedy (D-Mass.) said in a statement. “This issue will not be settled until true freedom from discrimination is achieved.”

The President, meanwhile, predicted that his proposal would pass in the Senate, and asserted that he had in most ways fulfilled his campaign promise on the issue.

In an appearance on CNN’s “Larry King Live” program, Clinton said he had redeemed his promise except that he had wanted to give homosexuals an opportunity to serve while acknowledging that they are gay.

“I don’t think it goes quite as far as I wanted on statements,” Clinton said.

But he said it gave more protections than he had promised during the campaign from unwarranted investigations. He said that he had never promised to change the rules of conduct in the military.

“I believe it’s the best we can do right now,” Clinton said.