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In the course of our review we heard from a very large number of Service members about their discomfort with sharing bathroom facilities or living quarters with those they know to be gay or lesbian. Some went so far to suggest that a repeal of Don’t Ask, Don’t Tell may even require separate bathroom and shower facilities for gay men and lesbians. We disagree, and recommend against separate facilities. Though many regard the very discussion of this topic as offensive, given the number of Service members who raised it, we are obliged to address it.
The creation of a third and possibly fourth category of bathroom facilities and living quarters, whether at bases or forward deployed areas, would be a logistical nightmare, expensive, and impossible to administer. And, even if it could be achieved and administered, separate facilities would, in our view, stigmatize gay and lesbian Service members in a manner reminiscent of “separate but equal” facilities for blacks prior to the 1960s. Accordingly,we recommend that the Department of Defense expressly prohibit berthing or billeting assignments or the designation of bathroom facilities based on sexual orientation. At the same time, commanders would retain the authority they currently have to alter berthing or billeting assignments or accommodate privacy concerns on an individualized, case-by-case basis, in the interests of morale, good order and discipline, and consistent with performance of mission.30 It should also be recognized that commanders already have the tools—from counseling, to non-judicial punishment, to UCMJ prosecution—to deal with misbehavior in either living quarters or showers, whether the person who engages in the misconduct is gay or straight.
Most concerns we heard about showers and bathrooms were based on stereotype— that gay men and lesbians will behave as predators in these situations, or that permitting homosexual and heterosexual people of the same sex to shower together is tantamount to allowing men and women to shower together. However, common sense tells us that a situation in which people of different anatomy shower together is different from a situation in which people of the same anatomy but different sexual orientations shower together. The former is uncommon and unacceptable to almost everyone in this country; the latter is a situation most in the military have already experienced. Indeed, the survey results indicate 50% of Service members recognize they have already had the experience of sharing bathroom facilities with someone they believed to be gay.31 This is also a situation resembling what now exists in hundreds of thousands of college dorms, college and high school gyms, professional sports locker rooms, police and fire stations, and athletic clubs around the nation. And, as one gay former Service member told us, to fit in, co-exist, and conform to social norms, gay men have learned to avoid making heterosexuals feel uncomfortable or threatened in these situations.32
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