The following training has been handed down for Tier 2 training of the Marines/Navy — The FAQs were taken from the report in December and adapted specifically to the Navy/Marines.

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FAQ 1

What training will be required for Marines, Sailors and their families when repeal occurs?

• Your Marines and Sailors will be informed of the change in policy and expectations for behavior.  Special staff personnel and civilians involved in certain functions (e.g., administrative, legal, investigative) may receive additional briefings focused on specific changes to their functional areas.  Family members will be informed of the changed policy and advised where to go to seek any specific information they need.

Talking Point

• Further guidance is available from the chain of command or appropriate special staff personnel (e.g., administrative, legal, investigative).

FAQ 2

What is the new policy on sexual orientation in the Marine Corps?

• Marines and Sailors will not be involuntarily separated for lawful homosexual conduct.
• Sexual orientation remains a personal and private matter.  Sexual orientation or homosexual conduct (statements, acts, same-sex marriage) are not a basis for separation, reassignment, or special consideration.  Marines and Sailors may inform others of their sexual orientation at their own discretion.

Talking Points

• The Marine Corps will not ask Marines or Sailors to identify their sexual orientation; or collect or maintain data on their sexual orientation.
• The Marine Corps will not tolerate harassment or violence against any Marine or Sailor for any reason.

FAQ 3

Does the new policy apply equally to all Active, Reserve, and Guard components?

• Yes.  Department of Defense regulations apply equally to all members of the Active, Reserve, and National Guard (when in Federal status) components.

FAQ 4

Does repeal affect standards of conduct?

• No.  Standards for personal and professional conduct apply uniformly without regard to sexual orientation.
• Sexual misconduct of any kind is inconsistent with our values and will be dealt with swiftly and severely.  Harassment or violence of any kind between Marines and Sailors will not be tolerated.

Talking Points

• Marines and Sailors will continue to conduct themselves consistent with Marine Corps customs and traditions and the law.  Marines and Sailors are expected to conduct themselves professionally at all times.
• Unprofessional behavior by any Marine or Sailor that fails to meet standards of conduct should be corrected by explanation, counseling, administrative action, or legal action depending on the nature, severity, or repetition of the offense.

FAQ 5

Is consensual sodomy still a punishable offense under the Uniform Code of Military Justice?

• Only in limited circumstances.  Consensual sodomy can only be punished if it is prejudicial to good order and discipline or service discrediting (e.g., in public, between a superior and a subordinate), or there are other factors involved in the commission of the act such as force, coercion, or involvement of a minor.

Talking Point

• Unrelated to Don’t Ask, Don’t Tell, the U.S. Supreme Court and the Court of Appeals for the Armed Forces found that private, consensual sexual activity, to include consensual sodomy, regardless of sexual orientation, is a protected liberty under the Fourteenth Amendment.

FAQ 6

Does repeal of DADT affect the speech, morals, or religious rights of Marines or Sailors?

• No.  There will not be any modifications or revisions to policy regarding Marines and Sailors’ protections and obligations with respect to free speech and free exercise of religion.
• Marines and Sailors can continue to freely practice their religion and express their personal views within the limitations of the UCMJ and standards of conduct.

Talking Point

• The Department of Defense and the Marine Corps recognizes the right of all Marines and Sailors to hold individual beliefs consistent with their moral foundations and conscience and does not seek to change them.

FAQ 7

Does repeal of DADT affect the religious rights of chaplains?

• No.  Chaplains will continue to have freedom to practice their religion according to the tenets of their faith.  In the context of their religious ministry, chaplains are not required to take actions that are inconsistent with their religious beliefs (e.g., altering the content of sermons or religious counseling, sharing a pulpit with other chaplains, or modifying forms of prayer or worship).
• Chaplains minister to members and provide advice to commanders on matters of religion, morals, ethics, and morale in accordance with, and without compromising, the tenets or requirements of their faith.  If, in a chaplain’s discharge of his broader duties within the unit, he is faced with an issue contrary to his individual faith, he may refer the Marine or Sailor to other appropriate counsel.

Talking Points

• Chaplains of all faiths care for all Service members and facilitate the free exercise of religion for all personnel, regardless of religious affiliation of either the chaplain or the individual.
• If a chaplain is unable to discharge his/her duties as a result of repeal, current regulations permit a chaplain to request that the relevant endorsing agency withdraw its ecclesiastical endorsement of the individual chaplain.

FAQ 8
Will the Department of Defense establish a new category of early release from service commitments for Marines and Sailors based on moral, religious, or other objections to the repeal of DADT?

• No.  The Department of Defense does not permit the early discharge of Marines and Sailors based upon their opposition to the repeal of any new policy.  This includes DADT or objection to serving with or living in the company of any Service member.

Talking Point

• Existing regulations allow Marines with a service commitment to request early, voluntary discharge under their Service Secretary’s plenary authority.  Granting these types of requests is at the discretion of the Marine Corps and is granted only when the early separation would be in the best interest of the Marine Corps.  Commanders retain their current authority under existing personnel management policies to assist personnel within their units who desire to separate from the Marine Corps when in the best interest of the Service, the unit, and/or the individual in question.  Marines are advised to talk to their chain of command and/or seek legal assistance to ensure they understand the available options within the Marine Corps for pursuing separation for any reason.

FAQ 9

Will the Department of Defense build separate living or bathroom facilities for gay and straight Service members?

• No.  Building separate facilities would create divisions within units and inappropriately isolate a portion of the force.

FAQ 10

Does a Marine or Sailor have the legal right to refuse to share accommodations and/or facilities with a gay, lesbian or bisexual Service member?

• No.  Marines and Sailors do not have a legal right to reject (or select) assignment with any other Service member within shared military accommodations and facilities.  In addition, Marines and Sailors do not have the legal right to refuse work or duty assignments based on a moral objection to another individual’s sexual orientation.
• Mission readiness, unit effectiveness, and good order and discipline, remain the priority.  Refusal to comply with lawful orders may result in disciplinary action.

Talking Points

• If a Marine or Sailor has a concern with a billeting or work arrangement for any reason, he or she should address those concerns appropriately within their chain of command.  Commanders may use discretion in personnel assignments to berthing, housing and other facilities to maintain morale, good order, and discipline based on policies and space available.
• Accommodation requests for any reason are considered on a case-by-case basis.

FAQ 11

Will repeal of DADT have health implications for the Marine Corps?

• No.  The Navy Surgeon General conducted research and found that there would be no increase in Marine or Sailor health risk.  Existing policies and procedures for HIV screening and testing, management of HIV-positive personnel, and management of the military blood supply will continue to be effective following a repeal of the law.  The Navy Surgeon General has examined this issue and determined there would be no increased risk.

FAQ 12

How will the military handle discrimination towards gay and lesbian Marines and Sailors?

• Unlawful discrimination against any individual or group is unacceptable.
• Complaints regarding harassment or discrimination based on sexual orientation are dealt with through the chain of command, request mast, the Inspector General, and other means established by the Marine Corps.  Criminal harassment should be referred to appropriate law enforcement agencies for investigation.

Talking Point

• General MEO policy requires the promotion of “an environment free from personal, social, or institutional barriers that prevent Marines and Sailors from rising to the highest level of responsibility possible” and prohibits the evaluation of Marines and Sailors on bases other than “individual merit, fitness, and capability.”

FAQ 13

Are there any new restrictions on duty assignments or employment?

• No.  There will be no special treatment or special arrangement for the assignment or employment of gay and lesbian Marines and Sailors.  In these matters, all Marines and Sailors will be considered equally regardless of sexual orientation.

FAQ 14

How will repeal of DADT affect recruitment and retention policies?

• If otherwise qualified, individuals may join and serve in the Marine Corps without regard to sexual orientation.
• Sexual orientation is not a factor in recruitment or retention in the Marine Corps.  The Marine Corps does not have sexual orientation targets or quotas for recruiting.

FAQ 15

Can transgender or transsexual individuals join the Military Services?

• No.  Transgender and transsexual individuals are not permitted to join the Military Services.  The repeal of DADT has no effect on these policies.

FAQ 16

Will Marines honorably discharged under DADT be allowed to re-enter the Marine Corps?

• All honorably discharged Prior Service Marines have an equal opportunity to apply for reentry.  The Marine Corps will determine re-accession based on need and a number of other factors, but sexual orientation will not be a factor.

FAQ 17
What is the impact of repeal on Family Programs?

• Impact on family programs is dependent on the definition of “family member.”  Military family working definition (from draft DoDI 1342.22, Military Family Readiness Systems) states “A group composed of one service member and such service member’s dependents; two married service members; or two married service members and such service members’ dependents.  To the extent authorized by law and in accordance with Service implementing guidance, the term may also include other nondependent family members.

FAQ 18
How will DADT policy information be disseminated to military families?

• DADT Repeal Awareness Education Information Materials will be posted on the following websites that provide timely, accurate information to military families:

• Military OneSource (MOS)
• Military HOME FRONT (MHF)
• Military Service specific Family Support websites
• Family Matters Blog
• Appropriate Facebook and Twitter pages

Talking Point

• DASD (MC&FP) will provide links to DoD DADT Policy Change information to the National Military Family Association (NMFA) and other Non-government Offices supporting military families.

FAQ 19
What Family Advocacy Services are unmarried partners eligible for?

• Family Advocacy Services, including New Parent Support, are open to anyone who is eligible for treatment in military medical treatment facilities.

FAQ 20
What if a same sex civilian partner reports physical abuse to FAP?

• The Family Advocacy staff will conduct a basic assessment and safety plan and then refer the civilian partner to resources out-side the gate.  If the individual is eligible for treatment in an MTF, all services can be provided.

FAQ 21
Who is eligible for Child Development Services?

• No change.  Eligibility of the children of an employee’s same-sex domestic partner for DoD Child Development Programs (CDPs) are determined by:

• Child Development Programs (DoDI 6060.2 §§ 4.3, E2.1.28)
• School Age Care Program (DoDI 6060.3 §§ 4.2.4, E2.1.14)

• Employee must meet the definition of a parent as the “biological father or mother of a child; a person who, by order of a court of competent jurisdiction, has been declared the father or mother of a child by adoption; the legal guardian of a child; or a person in whose household a child resides, provided that such person stands in loco parentis to that child and contributes at least one-half of the child’s support.  Public Law 101-189 and authorizes Department of Defense civilians as eligible patrons of Department of Defense Child Development Programs.

FAQ 22
What is the impact of repeal on Youth Programs?

• No change.  Eligibility for participation in Department of Defense youth programs is based on Morale, Welfare, and Recreation (MWR) patron eligibility, which includes Department of Defense civilians and military retirees.  Eligible individuals must meet the definition of a parent as the “biological father or mother of a child; a person who, by order of a court of competent jurisdiction, has been declared the father or mother of a child by adoption; the legal guardian of a child; or a person in whose household a child resides, provided that such person stands in loco parentis to that child and contributes at least one-half of the child’s support.”

• To the extent of availability of space and services, participation is also authorized on a space available situation for children and youth under the age of 19 who are not “dependents.”

FAQ 23

Does repeal of DADT affect benefits for partners of gay and lesbian Marines and Sailors?

• Gay and lesbian Marines and Sailors are eligible for the same benefits as any single Service members.  For example, any single Marine or Sailor may extend to someone of their choosing benefits such as notification instructions on their Form 93, Record of Emergency Data (RED), and listing the designated individual as an SGLI beneficiary.

Talking Point

• Under the Defense of Marriage Act (DOMA), the Federal Government defines marriage as a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife.  Under DOMA, married/spouse benefits cannot be extended to an unmarried partner, to include same-sex partners.  The Department of Defense is also examining other benefits that may be included in this set.