UNFIT FOR SERVICE

Daniel Wiedmer of Anderschume Kontiki in Zurich looks at the attitude of the Swiss Military Service towards its gay soldiers.

Article 157 of the MStG (Military Penal Code) will not be abolished if the Swiss Government (Diet) and EMD (Ersatz Militär Dienst = Military Service) get their way. Article 157 prohibits gay sex during military service.

The EMD has tried to defend itself against the decriminalisation of homosexuality. It resists the abolition of Article 157 of the MStG which punishes gay sex during military service. On the phone JürgDubs, Head of the Military Penal Division within the EMD, explained to me that soldiers should not come in contact with gays "in a repulsive manner".

In the Weltwoche1magazine he put it more succinctly:

"As soon as Article 157, sub paragraph 1, is abolished, there will be a hullabaloo in shower cabins and bedrooms".

How nice if that were so! And yet this is not the problem at all. Jürg Dubs admits that "undesirable homosexuals" could face disciplinary action in the same way as heterosexual soldiers already face (for instance, when having relationships with members of the MFD). Would this not mean that Article 157 is basically unnecessary, many must ask?

To understand why this discriminatory article was included in the Military Penal code in the first place we must go back in history: When, in 1927 an advisory body was dealing with the Military Penal Code (MStG), it was understood that the Military Penal Code would come into effect before the Civil Penal Code (StGB). The Diet had today's subparagraph 1 built in additionally, which prohibits any kind of homosexual sex. The reason for this insertion was based on an attempt at standardisation2 and unification as many Swiss cantons already prohibited gay sex by law. Without this article a totally different Cantonal Law would have come into force.

Since 1941 the Civil Penal Code too has been standardised all over Switzerland, and gay sex between adults is no longer considered a criminal offence. Consequently the one major reason for Art. 157 existence became obsolete.

Up to 1987 however the Article went unchallenged. That year the Military Penal Code was due a revision. Abolition of the offending article was debated and defeated.

A new argument was put forward supporting the retention of the article, citing the possible threat to order and discipline should Article 157 be abolished. One alleviating provision, however, was created during the revision debate: Article 2 of the Military Penal Code stated that, during holiday periods. Articles 145-179 would not apply.

Ten years on the Military Service continues to use the same argument for having Article 157 retained. H.R. Strasser. Chief Information

Officer of the EMD, says that "the Military Service during the hearing on its report of Penal Code revision, had voted expressly for the retention of Article 157 of the Military Penal code. Interestingly, there were opposing voices within the Military Service. Jürg Dubs comments: "The decision was only the personal opinion of one judge who managed to influence the hearing in such a way as to actually represent the official opinion of the Army."

What the decision showed was that increasing conservatism within the Army leadership could manage to overrule the progressive attitude of the Military Service lawyers.

photo: Daniel Wiedmer

Psychiatric Cert

Gay men who have sexual relationships in the Army and who get caught rarely face prosecution - except when and officer entertains a relationship with a soldier below his rank, as happened to an instruction officer in Colombier some years ago.

Usually such men are discharged as "Unfit" on the basis of an instruction form the Head Army Doctor: "If the reputation of the Army or discipline within the Army are adversely affected, especially through homosexuals who either cannot control themselves or attract attention while on duty (eg. by way of habitus or clique formation)...(those soldiers are deemed unfit for service".Head of the Army Medical Service, Jürg Janett,mentions three categories of soldiers who are deemed unfit for service because of homosexuality: Firstly, those young men who, the moment they are being drafted, present a psychiatric certificate. The second group would be soldiers who find it difficult to cope with the taunting and scoffing they might be exposed to and who apply for exemption from service. The 3rd group consists of those soldiers who, on the grounds of their behaviour/ conduct, are sent by their commander to the doctor who, after examination, will declare them unfit for service.

Unfortunately, statistics showing how many gay men per fear are being discharged in this way are not kept by the Military Service.

A man showing his gayness in the Army need, however, not fear automatic discharge. Gays who function well within the system may even climb high career-wise. That's what H.R, Strasser maintains: "There is no reason why homosexuals should not reach positions such as the commander."

How far up do they really get - and at what price? Even today the price will still be denial of ones own sexual identity...