Outing and Sexual Orientation

This paper makes an ethical and a conceptual case against any purported duty to come out of the closet. While there are recognizable goods associated with coming out, namely, leading an authentic life and resisting oppression, these goods generate a set of imperfect duties that are defeasible in a wide range of circumstances, and are only sometimes fulfilled by coming out. Second, practices of coming out depend on a ‘lump’ picture of sexuality and on an insufficiently subtle account of responsible (...) disclosure. We value and promote the goods of out best when we leave the framework of the closet, and not merely the closet door, behind. (shrink)

After stating "I am gay" Navy Lieutenant Paul G. Thomasson was honorably discharged from the military. In Thomasson v. Perry (1996), the United States Court of Appeals for the Fourth District affirmed Thomasson's discharge. Thomasson is now considered the leading case evaluating the U.S. military's "don't ask, don't tell" policy. In this paper, I show that the court's analysis of the Department of Defense policy rests of two unarticulated and undefended assumptions about sexuality. The first is that an act of (...) sex is essentially defined in terms of the sexual orientation of the persons engaging in that act. The second is that whether or not a person is an open homosexual determines the essential nature of the homosexual acts of others. I conclude that both assumptions are untenable, therefore the "don't ask, don't tell" policy is indefensible. (shrink)