2104
(6 votes, average 5.00 out of 5)
Written by Jamakaya
Dec 30, 2010
In a November column, I mourned the results of the midterm elections and expressed despair about the prospects for progressive change. I wrote: “An end to ‘don’t ask, don’t tell’? Don’t hold your breath.”
Oh, me of little faith!
Cynicism does not foster change. Faith and persistence – especially persistence – in pursuit of a just cause are required to mobilize support, exert pressure and achieve victory. In the words of the old civil rights hymn, “Keep Your Eyes on the Prize.”
Since the 1970s when I started reporting for gay papers, dozens of LGBT servicemembers have waged long, costly battles for the right to serve in the military. Air Force Lt. Leonard Matlovich, Army Staff Sgt. Perry Watkins, Army Reserve Col. Margarethe Cammermeyer, Midshipman Joe Steffan, Army Cpt. Dusty Pruitt and Milwaukee’s own Miriam Ben-Shalom are among the most prominent individuals to challenge the Pentagon’s bans.
In some cases, these servicemembers were challenging outright dismissals after they came out or after it was learned they were gay; in other cases they were appealing decisions denying them the right to re-enlist.
Miriam Ben-Shalom enlisted in the Army Reserves in 1974, in short time becoming a sergeant and drill instructor. She was never accused of any misconduct. On the contrary, she was acknowledged to be a model soldier and drill instructor and was even nominated by her battalion as “Soldier of the Year.”
Nevertheless, she was honorably discharged in 1976 as someone who “evidenced homosexual tendencies, desire or interest, but is without homosexual acts.” That circumlocution was used by the Army because while Ben-Shalom had spoken openly about her sexual orientation to fellow soldiers there was no evidence that she had actually engaged in “homosexual acts.”
In December 1976, Ben-Shalom filed a federal lawsuit seeking reinstatement on the basis that her discharge violated her constitutional rights to free speech, privacy and equal protection of the laws. The case dragged on for years with partial victories, reversals and appeals. The courts ordered Ben-Shalom reinstated to complete her original enlistment term, but when she sought a new term of service she was denied re-enlistment due to a broadly worded regulation declaring homosexuality a “non-reviewable and administrative disqualification.”
Ben-Shalom promptly filed suit again. The complicated legal saga ended in 1990 when the U.S. Supreme Court refused to hear Ben-Shalom’s appeal. Keep in mind, all of this was prior to the Clinton-era “don’t ask, don’t tell” policy.
The financial expense and emotional toll those years of constant struggle entailed for Ben-Shalom are incalculable. She often felt a lack of support from her own community. Some lesbian feminists disdained her commitment to the military, and the wider circle of gay people were apathetic about her case.
Yet through the long battle, Ben-Shalom was a courageous and articulate leader, doing her best to spread understanding and tolerance. In the 20 years since her court case ended, Ben-Shalom has continued her involvement with gay organizations and veterans groups, speaking throughout the country, encouraging younger gay servicemembers, serving as a role model and keeping her “eyes on the prize.”
Just weeks before the dramatic turn of events in Congress repealing DADT, when prospects seemed bleak, Ben-Shalom was reportedly among 13 people arrested protesting the policy at the White House.
The dignity and determination displayed by Ben-Shalom during her 35-year quest for justice is a model for our community in the coming years.
