Gays can be denied security clearance under new Bush rules

The Bush administration last year quietly rewrote the rules for allowing gays and lesbians to receive national security clearances. Lesbian and gay advocacy groups recently found the changes in an 18-page document distributed by national security adviser Stephen Hadley on December 29, without public notice.

The Administration said security clearances cannot be denied "solely on the basis of the sexual orientation of the individual." But it removed language saying sexual orientation "may not be used as a basis for or a disqualifying factor in determining a person's eligibility for a security clearance."

“The Bush administration’s stealth effort to allow discrimination against gay and lesbian citizens in receiving national security clearance is a step backward for a nation that holds itself out as a land of equality," said openly lesbian congresswoman Tammy Baldwin of Wisconsin. "A person’s sexual orientation should not be considered in determining eligibility for access to classified information. Sexual orientation has no relevance to a person’s reliability, trustworthiness, or ability to protect classified information."

The White House sought to play down the changes, approved by President Bush in December, as an effort to ensure the security clearance rules are consistent with a 1995 executive order about access to classified information. "The minor language change did not and was not intended to alter the way sexual orientation is treated," National Security Council spokesman Frederick Jones said Tuesday in Washington. "The U.S. government policy has not changed in any way." Jones said government lawyers made the changes for clarity.

Gay rights activists expressed concern that the new guidelines could lead to a chipping away of safeguards obtained in the 1990s for gays and lesbians seeking security-related government jobs. Joe Solmonese, president of the Human Rights Campaign, said Bush's rules could "open the door for broader interpretation" of rules granting security clearances for national security–related jobs. "It is not surprising to me that this administration is continuing to roll the clock back on the most basic of protections granted by the last administration," said Solmonese.

Several million civilian and military personnel who work for the United States government and its contractors must go through extensive reviews to determine if they've exhibited behavior that could compromise national security or make them susceptible to blackmail. Areas of concern include drug and alcohol use, criminal activity, financial debt, foreign contacts, and sexual behavior.

Officials at several national security agencies were not immediately aware of the new rules or any impact.

Rules approved by President Clinton in 1997 said that sexual behavior may be a security concern if it involves a criminal offense, suggests an emotional disorder, could subject someone to coercion, or shows a lack of judgment. The regulation stated that sexual orientation "may not be used as a basis for or a disqualifying factor in determining a person's eligibility for a security clearance."

Bush removed that categorical protection, saying instead that security clearances cannot be denied "solely on the basis of the sexual orientation of the individual." The new rules say behavior that is "strictly private, consensual, and discreet" could "mitigate security concerns."

Jones said the new language was meant to ensure the United States security clearance guidelines are consistent with Clinton's executive order. He said the order makes clear that the U.S. government does not discriminate on the basis of sexual orientation when granting access to classified information.

Steve Ralls, spokesman for the Washington, D.C.–based Servicemembers Legal Defense Network, said his organization is still sorting out what the Administration intended so that attorneys can provide guidance to gay and lesbian personnel on how to answer questions during government background checks.

"It looks as if lesbian and gay service members especially may face some additional roadblocks to obtaining their security clearances," said Ralls, whose group advocates on behalf of gays and lesbians in the military.

He said his organization has been getting calls from service members who don't understand the changes. "In the law, subtlety can have even unintended major consequences. We are very concerned and curious," he said. (AP, with additional reporting by T he Advocate)

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

Be the first to comment on this story.

If you would like to submit a comment for posting, please fill out the form above.

All comments submitted via this form are subject to posting or publication. (To send a private letter to an Advocate editor or writer, please use the e-mail button at the top of the page, or use snail mail.) If you would like your comment considered for publication in The Advocate magazine, please include your full name, your city of residence, and a phone number where you can be reached during business hours so that we can confirm your identity. Your e-mail address and telephone number are strictly confidential and will not be shared or used for any purpose other than to contact you about your comment.

See the Contact page for sending comments for reasons other than responding to Advocate editorial and news stories.

Please note that comments sent by fax or snail mail are unlikely to be posted, although they will be considered for publication along with all letters received via e-mail or via this Web page. Comments that chiefly concern Advocate.com content will be considered for posting only on the Web site. The Advocate reserves the right to edit submitted comments for grammar, spelling, obscenities, or libel; we will, however, do our best to preserve the original comment's style and intent. Comments considered for publication in The Advocate magazine may also be edited for length.

More Exclusives

View From the Hill: The End of DADT?
Defense Secretary Robert Gates revealed that lawyers are exploring ways to ease enforcement of the military's gay ban, but cautioned that the law doesn't leave much wiggle room. He need look no further than DOD history for a lesson in altering the policy.

Hot Sheet: Week of July 5
When you get back from that big 4th of July barbecue, unwind with Sacha Baron Cohen's Bruno and your favorite B-movie-mocking, basic cable robots.

Hungry Like the Wolf
A master of viola, ukulele, piano, and harp, Patrick Wolf is a music prodigy -- one who, the night before this interview, spit on a cop and got himself arrested.

Soapside: Advocate's Guide to Daytime
Forbes March talks about playing gay, Otalia fans outraged, update on One Life to Live’s Patricia Maurceri’s firing over gay plot point, Phillip Chancellor III big reveal, and Erica Kane goes to Africa.

The Faces of Federal Prop. 8
With the federal challenge to Prop. 8 moving full speed ahead, Advocate.com sits down with the two couples named as plaintiffs in the suit.

Mommy, the Gays Are Coming
After a year of advancements and celebration for gay and lesbian Colombians, the community takes to the streets of Bogota for the country's biggest pride ever.

The Pride of Antwerp
Advocate.com hits the gay-friendly streets of Antwerp with openly gay police commissioner Serge Muyters.

Excerpt: Mean Little Deaf Queer
In an excerpt from her humorous and harrowing new memoir, Mean Little Deaf Queer, Terry Galloway recalls her early childhood, describing feelings of ugliness, confusion about gender, and being one of the boys.

Top Political Blogs
From Joe.My.God to The Daily Beast, Advocate.com spotlights a few of the best blogs that cover politics, inside and way outside the Beltway.

The Diva of French Television
A hot young screenwriter who has made gay OK for millions of French viewers, Nicolas Mercier sips champagne, dons a feathered hat, and says he wants to see Colin Farrell and Jude Law go at it.