Speaking before about 3,500 guests at the event organized by the Fellowship Foundation, also known as The Family, Obama pointed out that he and the attendees “may disagree about gay marriage, but surely we can agree that it is unconscionable to target gays and lesbians for who they are, whether it is right here in the United States or, as [Secretary of State] Hillary [Rodham Clinton] mentioned, more extremely in odious laws that are being proposed most recently in Uganda.”

The president and secretary of state are just two of several U.S. officials from both parties who are critical of the proposed Ugandan legislation that calls for the imprisonment and execution of homosexuals. Bills have been filed in the U.S. Senate and House of Representatives condemning the Anti-Homosexuality Act of 2009.

The Ugandan legislation, which should go to parliament late this month or early March, expands upon current statute that outlaws homosexuality by seeking life imprisonment for anyone convicted of having sex with someone of the same sex. The penalty is death when the person tests HIV positive. Additionally, the bill allows authorities to arrest anyone who “promotes” homosexuality or “aids, abets, counsels or procures” someone else to engage in homosexual acts. The bill threatens fines and prison time for anyone who is aware of homosexual activity and fails to report it within 24 hours.

The bill was introduced by first-term Ugandan lawmaker David Bahati, a member of that country’s branch of the Fellowship Foundation. Opponents of the proposal believe Bahati was persuaded to take action after a conference in Uganda last March, where three American evangelical Christians held a series of talks on how to turn gay people straight. The theme of the conference, sponsored by the Ugandan organization Family Life Network, was to expose the hidden and dark agenda of homosexuality.

The three Americans who spoke at the conference admit to preaching against homosexuality, but they are taken aback by the overzealous legislation. Don Schmierer, a board member of Exodus International, whose mission is “mobilizing the body of Christ to minister grace and truth to a world impacted by homosexuality,” published a letter on the organization’s Web site condemning Bahati’s bill.

The bill’s draconian measures have some countries threatening to cut millions in foreign aid to the poverty-stricken East African nation.  In turn, the Ugandan government is suggesting it might back down and change the death penalty provision to life in prison.

But that’s small consolation to the people most affected by the bill. In an e-mail statement, Rea Carey, executive director of National Gay and Lesbian Task Force, said, “It is imperative that the Obama administration and Congress push Uganda to withdraw this bill in its entirety. Simply removing the death penalty doesn’t somehow make this a humane bill. Whether it be the state-sponsored murder of LGBT Ugandans or their life imprisonment for simply being who they are is barbaric and unacceptable. Our political leaders must send the unified and unequivocal message that this measure, in full, needs to go.”

It’s not just human rights violations that have opponents of the bill up in arms. Many are concerned that this legislation, if passed, will make it more difficult to fight against HIV/AIDS. A letter signed by more than 90 U.S. Representatives to Ugandan President Museveni pointed out that should the bill pass, programs, such as the $300 million President’s Emergency Plan for AIDS Relief, could be called into question. “By seriously compromising efforts to reach LGBT communities in Uganda, passage of the Anti-Homosexual Act would impede the efficacy of PEPFAR’s programs and the achievement of its goals,” the letter stated.

Ironically, Uganda has been a model country for how to contain the spread of HIV/AIDS among its population. From the 1980s, when the virus first started to spread, to now, Uganda has gone from a country with one of the highest infection rates to one of the lowest.  In 1991, 15 percent of Ugandan adults were HIV positive. In 2001, that number dropped to 5 percent.

The government relied on a range of methods to manage the spread of the disease, including non-governmental organizations that educated Ugandans about HIV/AIDS and de-stigmatized getting tested for the disease. Many fear that if this legislation passes all Uganda’s success will come undone.

The pressure from foreign parties seems to have some effect. President Museveni has taken measures to distance himself from the bill, making it clear that Bahati was not following government policy in proposing the legislation. But in a country that believes rich Westerners are coming to Uganda to pay children to have gay sex, and showing support for gays can ostracize you from your community, it’s a difficult fight.

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On Feb. 2, Joint Chiefs of Staff Chairman Adm. Mike Mullen testified before the Senate Armed Services Committee that he has served with homosexuals since 1968. “I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens.”

In the same hearing, Defense Secretary Robert Gates made clear that any change to the policy would not happen quickly.  A Pentagon review, which can take up to a year, has been ordered to study how allowing gays to serve openly will affect the cohesion and capabilities of the military. But during the review and Congressional debate, the military will discourage third parties from outing gay members.

At the time the law went into effect in 1993, President Clinton wanted to allow gays to openly serve in the military, but he was met with dissonance from Congress and the military.  As a compromise, he came up with DADT.  The “don’t tell” part prohibits anyone who demonstrates homosexual behavior from serving in the military. The “don’t ask” part precludes officers from investigating service members’ orientation as long as they are acting in accordance with military rules.

According to the Servicemembers Legal Defense Network, 13,500 gays have been discharged from the military under DADT. It is estimated that another 60,000 homosexuals are still currently serving in the armed forces.

While the military is signaling the time may be right to repeal the long-standing policy, Republicans have vowed to fight against any change. And they certainly left no doubt about their position during the hearing. In particular, Sen. John McCain of Arizona said he was “deeply disappointed” by Gates’ “clearly biased” not-if-but-when comments. He added that while the policy isn’t perfect, the repeal would only increase the military’s stress while fighting two wars.

Interestingly, in 2006, McCain had noted his willingness to change the policy if Pentagon leaders called for the repeal.  McCain specifically mentioned that he would listen to Gen. Colin Powell, former Chairman of the Joint Chiefs of Staff under Clinton, on the issue of whether to end DADT.

In response to the apparent reversal of his earlier position, a spokeswoman for McCain said the senator thought Mullen wasn’t speaking on behalf of the Joint Chiefs, and that he’ll listen to military leaders after the Pentagon review is finished.

The day following Gates’ and Mullen’s testimony, Powell, who opposed Clinton’s attempt to end the ban on gay soldiers by saying it would undermine discipline and order in the military but supported DADT, released the following statement: “In the almost 17 years since the ‘don’t ask, don’t tell’ legislation was passed, attitudes and circumstances have changed.” He added that he fully supported the approach by Gates and Mullen.

And Powell’s not alone. A June 2009 Gallup Poll showed that 78 percent of respondents aged 18 to 29 are in favor of allowing openly gay soldiers to serve in the military. The same poll showed that 58 percent of Republicans favored repealing DADT.

In the end, the shift among military leaders and the public may encourage Republicans to reconsider their opposition.  What happens after the Pentagon review is completed and there is an official plan for acknowledging gays in the military? At that point, Republicans, along with Democrats, may vote to make Generation Y soldiers the first to serve side-by-side with their openly gay compatriots.

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