Ryan Reft
In March 1992 the nineteen-year Navy veteran and founder of the Veterans Council for American Rights and Equality (C.A.R.E), Chuck Schoen penned an open letter in the Redwood/Sacramento branch’s newsletter to the then-Chairman of the Joint Chiefs of Staff Colin Powell, protesting the military’s ban on homosexuals. While he thanked Powell for rejecting sexual orientation as a security risk, he lamented Powell’s continued stance opposing gay men and women in the military. He informed Powell, “We know how to separate our professional life from our sexual life. We have proven this during the past fifty years, by our honorable service.” Due to an investigator’s discovery of his homosexuality during a security clearance investigation, Schoen had been forced to resign in 1963 or else face a dishonorable discharge. Schoen believed security clearances unfairly targeted gay service members. “[T]housands of investigators spent millions of man hours and millions of dollars ruthlessly seeking out harmless homosexuals,” he wrote Powell. “Even with all their expertise and money, they had only about one percent success rate. All during this time they thought we were the spies. What a costly error based only on conjecture and hatred.”[1]
That same month, then head of the Central Intelligence Agency (CIA) and future Secretary of Defense Robert Gates responded to a letter from the William and Mary Gay Alumni Association (WMGAA). President Michael Pemberton and Thomas P. Rowan had congratulated Gates upon his appointment to the directorship of the CIA in December while also raising concerns about the agency’s ability to ensure “equal opportunities for all current and prospective employees.” Gates thanked them for their letter and assured Pemberton and Rowan that the “[a]gency does not reject, disqualify, or assign people, or make any other personal decision on the basis of sexual orientation.” He went on to note that, “Indeed, CIA has homosexuals in its workforce.”[2]
Though the overlapping dates of these correspondences might be coincidental, the motivations behind each were not. Since President Eisenhower’s issuance of Executive Order 10450 in 1953, which banned homosexuals from government employment and labeled them a threat to national security, along with the military’s history of purging gay and lesbian service personnel homosexuals struggled to gain equal rights in the government and the military. Both letters preceded real government reform in this area. The Pentagon enacted the “Don’t Ask, Don’t Tell” policy in 1993 and two years later President Clinton issued Executive Order 12968, which stated for the first time in an executive order that sexual orientation could not be grounds for denial of a security clearance. Yet gay men and women both within and without the government had long protested what they saw as unequal treatment, including security investigations that delved unfairly into the sexual lives of service personnel and employees. The advances witnessed in 1995, and to a far lesser extent 1993, stemmed from such efforts over the course of four decades, not least among them was the case of Otis Francis Tabler, a Rancho Palos Verdes resident and missiles systems analyst working within the expanding military industrial complex of Southern California.
“In a precedent setting action, the Industrial Security Clearance Review Office (ISCRO) of the Department of Defense today withdrew its appeal… finding issuance of a Secret-level security clearance to Otis Francis Tabler, Jr., an open, self declared Homosexual, to be ‘clearly consistent with the national interest,’” announced the Mattachine Society of Washington D.C. (MSW) in August 1975.[3] Tabler challenged both the federal government’s security clearance system and California state law banning sodomy and “perversion,” thereby opening up new job opportunities for homosexuals in the state’s booming defense industry while also contributing to the fight to eliminate unconstitutional legislation.[4]
Though Tabler’s case unfolded at the Federal Building on Wilshire Boulevard, its success existed as a confluence of factors, individuals, and geography that stretched over the course of two decades. It took the advocacy and activism of Washington D.C.’s foremost gay activist, Frank Kameny, a World War II veteran who for years fought discrimination against homosexuals in government hiring. At the same time, the establishment of the original Los Angeles Mattachine Society by Harry Hay in 1951 enabled Kameny and other activists across the country to establish their own local versions from which to operate while Southern California’s expanding defense industry offered employment and opportunity to carry out new struggles against discrimination. Kameny would cut his teeth in such struggles as leader of the MSW and would bring this experience to bear on behalf of Tabler in the early 1970s.
While often seen as the most conservative of American institutions, the military, the vast defense industry that supports it, and veterans themselves have operated, intentionally and unintentionally, in conjunction to advance the rights of ethnic, racial, and sexual minorities.
During the 1970s, Los Angeles’s vibrant gay liberation movement inspired Tabler and gradually shaped public opinion toward a more favorable view of homosexuality and, by 1976, a repeal of the state legislation Tabler had challenged. Finally, Kameny and Tabler’s fight to open up the security clearance process for gay men and women preceded the Don’t Ask, Don’t Tell policy by nearly two decades and helped to lay the ground work for President Bill Clinton’s 1995 Executive Order 12968. Over forty years later, Tabler’s battle demonstrates how the intersection of the military, California, and the nation’s capital led to the expansion of opportunity and rights for gay men and women across the nation. While often seen as the most conservative of American institutions, the military, the vast defense industry that supports it, and veterans themselves have operated, intentionally and unintentionally, in conjunction to advance the rights of ethnic, racial, and sexual minorities.
A Military State, World War II, and California
World War II radically reshaped California. First, it led to a boom in population and a demand for greater infrastructure in nearly every area of urban life from water systems to road construction. Single women, Blacks and Latinos all flocked to cities like Los Angeles and San Francisco to work in defense factories. Men of all races joined the military as a means to demonstrate their sense of patriotism. Minorities tired of dealing with discrimination and second-class citizenship used service as a means to demand equality from a nation demanding that they sacrifice for the war despite existing inequalities.
Women too contributed to the war effort in countless ways. Some by working in the numerous factories that dotted the Los Angeles, Orange County, San Francisco, and San Diego landscapes, while others served in the Women’s Army Core (WACS) or Women Accepted for Voluntary Service (WAVS, the women’s branch of the Naval Reserve). Women’s experiences in the war would lay the groundwork for the feminist movement of the 1950s and 1960s.
The war also created the space and opportunity for gay men and women to realize their own sexuality and build community in the process. The stress of military training, the common purpose of working toward victory in the war and the crucible of combat encouraged camaraderie and trust. For those attracted to the same sex, working, sleeping, and relaxing with one another in gender segregated military environs proved an imperfect yet opportune chance at romance and community.[5]
At the same time, the military cracked down on homosexuality. As Daniel Hurewitz specifies in his 2007 work Bohemian Los Angeles and the Making of Modern Politics, “The war mobilization laid the groundwork for a national effort to eliminate homosexuals from public life.” Hurewitz further states, “During the war, itself, a host of psychologists and psychiatrists had convinced military leaders that they could help limit the number of soldiers suffering from psychological ailments as a result of the fighting.” Looking to prevent gay men and women from serving, officials questioned recruits about their sex lives as they tried to “weed out” those the military believed to be sexually active labeling them, “mentally unfit.”[6] These kinds of categorizations went far to frame homosexuality as a psychological malady rather than a sexual preference. As demonstrated, the military took the issue of homosexuality seriously, often issuing verbal warnings about Los Angeles’ gay permissiveness. “We were solemnly told that all queers in California wore red neckties and hung out at the corner of Hollywood and Vine, a myth we all accepted,” noted one former Marine and World War II veteran. Such warnings probably helped to pique the interest of closeted service personnel, suggests historian Allan Berube.[7]
Though the armed services targeted men mostly, in the late 1940s and 1950s, after the war, women also came under scrutiny. In the early Cold War military, notes historian Margot Canaday, “the state did not ignore, conflate, or subsume lesbianism, but was instead focused upon it.” Despite women making up less than one percent of the military during this period, the military’s anti-homosexual agenda targeted women in a particular way. “Military officials maintained that homosexuality among women was more disruptive to morale and discipline then homosexuality in men, and they attributed a far higher rate of homosexual activity to female than male personnel,” she concludes.[8]
Simultaneously, the Los Angeles Police Department increased their surveillance of homosexual activity. State law had long considered sodomy a felony, but in 1915 California legislators adopted legislation outlawing fellatio after authorities arrested thirty-one men for engaging in oral sex following a 1914 Long Beach raid.[9] Predictably, officials used such laws largely to regulate homosexual activity rather than that of heterosexuals. Even worse, gay men especially could not count on city police officers for basic protection. “Gay men could not escape the knowledge that the LAPD regarded them not only as laughable, but as ultimate criminals,” note Faderman and Timmons. Despite, or perhaps due to, a growing gay community of men and women, the LAPD viewed lesbians and homosexual men with the utmost hostility.[10]
Throughout the 1950s and 1960s, the LAPD raided gay bars, surveilled known cruising sites and attempted to entrap gay men and women, all in an effort to persecute patrons. The city attempted to shut down various magazines seen as homosexually-oriented including ONE, Physique Pictorial, and Adam, only to be rebuffed on appeals by the courts all while vendors across the town sold Playboy magazines without incident. No matter how many legal defeats the city endured, it continued to prosecute. “Los Angeles officials expressed their overt intent to continue the persecution of queer texts through obscenity charges,” noted Whitney Strub.[11]
Cinemas too struggled under the thumb of authorities. Venues such as the Coronet (La Cienga Blvd in West Hollywood), the Lyric (Huntington Park) and Vista Theater (Silver Lake) served as gathering places for gay Angelenos. Such venues frequently screened art films with “queer undertones,” writes Strub. In particular, the Coronet played Kenneth Anger’s “Fireworks” in 1957, arguably one of the most provocative queer films of the period. The LAPD filed obscenity charges soon after. In the end, the Lyric and Vista Theaters all endured legal challenges similar to that of the Coronet, which ultimately resulted in closure, even when they emerged victorious on judicial grounds. Yet, when the film Deep Throat achieved national popularity, it too flashed across Los Angeles movie screens and authorities did nothing to prevent it, which further illustrates these pervasive double standards.[12]
Gay panic even served to influence debates regarding the role of outdoor leisure in Los Angeles. The city’s beaches endured accusations of homosexual infiltration. During the 1940s a number of establishments began catering to a homosexual clientele thereby enabling the growth of a notable gay public sphere along a stretch of Santa Monica beachfront between Hollister and Strand. Known as “Crystal Beach” among locals, the area became subject to police surveillance in the early 1950s when a number of gay bars and taverns opened for business. “Now more visible, the perceived threat posed by the gay beach going community was heightened by the Cold War,” writes historian Elsa Devienne, “a time when any challenge to the heterosexual nuclear family model was perceived as a direct attack on American values.” During the campaign for municipal elections in 1955, candidates openly accused the Santa Monica beaches of “fostering and protecting homosexuals.”[13]
Gay panic even served to influence debates regarding the role of outdoor leisure in Los Angeles. The city’s beaches endured accusations of homosexual infiltration. During the 1940s a number of establishments began catering to a homosexual clientele thereby enabling the growth of a notable gay public sphere along a stretch of Santa Monica beachfront between Hollister and Strand.
In the face of such hostility, Harry Hay and others formed the Mattachine Society in 1951 in what was then known as Edendale,—Silver Lake today. Emerging from a milieu populated by bohemians, communists, and homosexuals who shared ideas, strategies, and beliefs, Hay constructed what would become the homophile movement and the Los Angeles Mattachine emerged as its first real organization. It enabled gay men and women to form a community and present a collective identity to a hostile questioning public. “What Mattachine offered was a different kind of camaraderie: non-sexual family camaraderie… that was well organized and increasingly more defined,” argues Hurewitz. “This was camaraderie about sexual desires that was not constituted by those desires… it was new and transformative; it was how a communal identity—a shared self perception—was constructed.”[14]
Government purges contributed to Hay’s motivation notably in the influence that federal policies cast over private sector employment. Having worked for large aircraft manufactures dependent on government contractors for work, Hay realized the chilling effect such policies might impose. Hay’s own supervisors had encouraged him to pursue systems engineering. But Hay, fearing that his support of the Communist Party threatened his ability to receive a security clearance, declined.[15]
In the decade that followed World War II, half of Southern California’s economic growth depended on defense contracts. This dependency meant Hay and others like him faced dismissal from current employment and dramatically fewer job opportunities. At the same time, the Korean War delivered a surge in government spending, particularly in the area of research.[16] Though many defense industry jobs at the outset of the war remained blue collar, the expansion of atomic weaponry, the increased influence of the Air Force, and technologically advanced weapons systems placed a greater emphasis on a college-educated workforce. Hay organized the Mattachine Society, in part as a means to organize Southern California homosexuals in response to wide spread societal discrimination, including impending governmental purges.[17]
Unfortunately, the L.A. Mattachine struggled with internal divisions and Hay would be ousted from leadership within a few years of its establishment. Still, it persisted and inspired the growth of Mattachines across the U.S. and perhaps most importantly the creation in 1961 of the MSW under the leadership of Frank Kameny. Though later eclipsed by organizations in San Francisco and New York, the MSW would be “the leader in the homosexual rights movement.” In its efforts to battle workplace discrimination during the 1960s, the MSW “took the entire gay movement in a new direction,” argues David K. Johnson. To paraphrase John D. Emilio: Kameny spearheaded the new militancy in the homophile movement.[18] Indeed, a decade before Otis Tabler’s hearing, Kameny and the MSW cast a national influence by protesting the Civil Service Commission’s (CSC) hiring practices or organizing Remembrance Day protests outside Philadelphia’s Freedom Hall as a means of recognizing homosexuality in the public sphere. After the famed Stonewall Uprising of 1969, Remembrance Days migrated north to New York where it transformed into the Christopher Street Gay Liberation Day and would become known as the Gay Rights or Gay Pride Parade. Ultimately, Kameny’s influence would reach California but only after gutting out legal in battles in the nation’s capital.
D.C.
During the Red Scare of the 1950s, communism and homosexuality became intertwined as threats to national security. A major congressional inquiry in 1950 explored the “Employment of Homosexuals and Other Sex Perverts” in government and ten years later institutions like the State Department “divided security risks into ‘homosexuals’ and ‘nonhomosexuals’, with the former outnumbering the latter two to one,” noted Johnson. “Throughout the 1950s and 1960s the term ‘security risk’ in fact functioned largely as a euphemism for homosexual.”
In the government’s civil service commission and elsewhere, gay men and women who refused to resign were drummed out on charges of “immoral conduct,” a clause that dated back to the 1800s but most often found usage as a means to target homosexuals. Thousands of employees lost their jobs due to their sexual orientation. New York Post columnist Max Lerner described the policy as a witch-hunt, derisively labeling it the “panic on the Potomac” while senators endorsing the action referred to it the “purge of the perverts.”[19]
Few understood the effects of the policy than WWII veteran, Frank Kameny, who in 1957 was fired from his job in the Army Map Service for being a homosexual. Kameny filed a petition to the Court of Appeals District of Columbia Circuit Court protesting his firing on discriminatory grounds. It eventually reached the Supreme Court, but the justices refused to hear the case. He would not relent.
Lilli Vincenz, who had been discharged (ironically, honorably) from the Army WAC in 1963 for lesbianism, joined the MSW soon after and described the organization’s single-minded focus under Kameny’s leadership. “The Mattachine Society of Washington is not a social group—but rather an ascetic one,” she wrote to a friend in 1965. “The CAUSE is all and don’t you dare speak of trivial matters like an occasional social get-together.”[20]
By 1961, Kameny had re-established the MSW and used it as a platform to achieve equality in government hiring for homosexuals. From 1961 through the 1970s, Kameny criticized the government’s “war on gays and lesbians” at every opportunity, even picketing the White House and Civil Service Commission Headquarters among other Washington institutions over their policies in 1965.
Aware of Cold War rhetoric depicting homosexuality as subversion and a security threat, MSW members and picketers went to great lengths to demonstrate that while they were homosexuals they deserved the same rights accorded their fellow Americans. They identified as “homosexual citizens,” thereby arguing that one need not reject their sexuality in order to claim the rights of national membership.[21]According to the lone newspaper that covered the April picketing of the White House, ten protesters carried signs that said, “We want Federal employment, Honorable Discharges and Security Clearances,” and “Gov. Wallace Met With Colored Citizens, But Our Government Won’t Meet With US.”[22]
Participants were keenly aware of the risks. Jack Nichols and Elijah Clarke stayed up late the night before making picket signs only to have a roommate warn them about potential violence. “You guys are crazy. People are going to attack you,” he told Nichols and Clarke. Another protester, Gail Green, admitted the biggest fear among protesters was loss of employment. Nichols prevented his partner Clarke from attending since Clarke worked for the Joint Chiefs of Staff and would likely be fired. Two other participants wore sunglasses in an effort to conceal their identities. [23]
Vincenz, who would appear on the cover of the October 1965 issue of The Ladder picketing the Civil Service Commission, concurred that many of them were “between careers” or could “afford to do it.” Next to her wedding day, “that was the most important day of my life… It was a defining moment for all of us. It was very empowering.”[24] They picketed six times that summer, three times at the White House, once each at the State Department, CSC, and Pentagon. Initially the protests received paltry media coverage. However, by the end of the summer, due to the protests, Kameny and the MSW had developed an effective media strategy that would boost participation and increase coverage of their efforts in outlets such as Reuters and Confidential. Looking back, Kameny claimed the summer of 1965 established a “mindset for public displays of dissent by gay people” which would later make Stonewall possible.[25]
That same year, a legal victory in the U.S. District Court of Appeals forced the CSC to define closeted homosexuals as acceptable employees.[26] Still, Kameny and others remained understandably unsatisfied and California would serve as another key testing ground to push sexual equality further.
Unlike Hay, whose approach to gay rights was rooted in Marxism leading to organizational anarchy, Kameny framed his fight in the context of Jefferson’s Declaration of Independence, the U.S. Constitution, and the protests of suffragists like National Woman’s Party leader Alice Paul.
Southern California
After World War II, due to its room for expansion, diverse geography, and mild weather, California drew increased military spending. Historian Richard White concluded, “[i]t was as if someone had tilted the country: people, money and soldiers all spilled west.”[27] Los Angeles and Orange County drew new installations and defense industries, the latter particularly in aerospace. By the early 1960s, forty-three percent of manufacturing employment in the two counties was tied to government aerospace contracts. This process persisted into the 1970s, by which time L.A. and the surrounding region “had come to rely to an extraordinary degree upon the related industries of defense aircraft space and electronics,” notes historian Roger Lotchin.[28] Even today, the presence of the military and private defense industries contributes significantly to Orange County’s ranking as the nation’s largest suburban employment center.[29] Simultaneously, the city’s gay population expanded to an estimated 140,000 gay men and women in metropolitan L.A., which was a number that would only expand over the ensuing decades.[30] Government expansion corresponded with demographic growth, by the mid-1950s 250,000 Californians labored as federal workers, which led many to describe the Golden State as a “second U.S. capital.”
Ironically, U.S. military action contributed to the development of the Mattachine Society. If Harry Hay had refused to enter the “the new discipline of systems engineering” largely because he feared denial of a security clearance due to his communist affiliations and homosexual lifestyle, that did not mean he couldn’t use the burgeoning conflict as a means to recruit for the Mattachine Society. During the summer of 1950, Hay and others canvassed city beaches asking beachgoers to sign a petition protesting the Korean War. Hay believed most people would refuse to sign on to such a radical statement, but it would allow him to introduce a more moderate proposal: the formation of a gay organization. “Then we’d get into the gay purges in U.S. government agencies of the year before and what a fraud that was,” he noted. Ironically, most people signed the petition, but eschewed the idea of a gay rights society. Still, as Johnson notes, by Autumn he had the germ of what would become the Mattachine Society, and it all began on Los Angeles beaches with a discussion of the U.S. military industrial complex.[31]
Unlike Hay, Otis Francis Tabler did pursue systems engineering. Born in 1942 in Hampton, Virginia, Tabler eventually moved to Philadelphia where he graduated in 1963 from the University of Pennsylvania with an Bachelor’s degree in engineering. He moved to Denver where he worked for General Electrics and Martin-Marietta Company until later decamping for Los Angeles in the late 1960s for a position with Logicon, located in San Pedro.
From 1966-1969 Tabler studied missile defense systems at Logicon as a computer scientist, from which position he was granted a Secret security clearance. However, during the first background investigation that led to his clearance, he neither concealed nor highlighted his homosexuality. He briefly left Logicon for employment with another company where he did not return to the San Pedro company until 1971‑ at which point he sought a new clearance. During the new investigation, Tabler openly apprised investigators of his sexuality, telling them “I am an overt, practicing homosexual who prefers to obtain a clearance without concealing his personal life from the investigative process.”[32]
Tabler released an Interoffice Correspondence relating his personal history to his superiors and co-workers. The packet included a psychological evaluation by a former U.S. Air Force psychologist that upheld Tabler’s trustworthiness and reliability.[33] Based on their testimony at his hearing, Tabler’s peers agreed with the report. According to his coworkers and supervisors, Tabler demonstrated considerable skill in carrying out his responsibilities, but due to his inability to secure the necessary security clearance, his talents were not being adequately utilized and the company was forced to let him go as a result. His former supervisor, U.S. Air Force Captain Larry Wayne Kern believed Tabler to be honest, trustworthy, and reliable and said that Tabler had “a specific and unique contribution to make in the field.”[34]
While Tabler mounted his defense, the push for equality of sexual orientation had begun to coalesce to a greater degree than in previous decades. By the 1970s, the gay liberation movement had become a dominant force, one undoubtedly shaped by other social movements of the day. For example, in Los Angeles, Morris Kight founded the city’s chapter of the Gay Liberation Front in 1969.[35]
During the 1960s, anti-Vietnam war militancy exhibited by the New Left, the “counterculture,” and Chicano, feminist, and Black Power advocates inspired gay activists as well. On 12 May 1966, L.A. residents witnessed their first gay parade in history, the “First National Homophile Protest” to end the ban on gays in the military. The protest snaked along a twenty-mile route that stretched from Downtown Los Angeles to Hollywood. Participants carried signs that cajoled onlookers to “Write LBJ Today” and pointed out the fact that “Ten Percent of all GI’s are Homosexual.” The National Conference of Homophile Organizations had planned demonstrations in five cities across the county, but only Los Angeles held a parade. Unfortunately for organizers, the media paid little attention. The Los Angeles Times declined to cover the demonstration unless reports of injuries surfaced.[36]
Agreement within the gay community regarding efforts like that of Tabler was not universal. Not all members of the Gay Liberation Movement believed that gay men and women should be pursuing employment in fields such as the military or defense industry. The ideology of movements that leaned left of center or in some cases fully left, combined with the residue of the Vietnam War, created an internal debate among activists. Why would an ostensibly liberal, politically aware gay man or woman want to work for a warmongering United States government or the various agencies that were seen as (at best) complicit in domestic and foreign policies that victimized minorities and the poor?
Not all members of the Gay Liberation Movement believed that gay men and women should be pursuing employment in fields such as the military or defense industry.
Others like Richard Gayer, a colleague of Kameny’s and a lawyer who represented numerous gay men and women in security clearance cases, believed such efforts served a larger purpose. Gayer had brought his own case regarding discrimination over security clearances earlier in the 1970s, and also sought Kameny’s aid. He explained the importance of such a struggle years later: “There are some among us who argue that because no one should work for agencies as questionable as the CIA, we shouldn’t litigate anti-Gay discrimination by them,” he wrote. “If the government says that Gays are not to be trusted with sensitive information and are otherwise unreliable, then we are likely to be excluded from any employment (private or governmental) that involves such information or requires reliability and dependability.” Whether or not one supported the military industrial complex was beside the point. Anti-gay governmental policies begat anti-gay policies society-wide, he argued. For Gayer, Tabler and others, it came down to a simple fact: “Gay people, like any other class of citizens, should be free to choose their careers without fear of discrimination as they advance their chosen fields.” The inability to do such reverberated throughout society in ways that further circumscribed life for homosexuals.[37]
During the 1970s, newly aggressive gay organizations and activists began to dominate the movement, such as PRIDE and the Gay Liberation Front Los Angeles (GLFLA), formed to push for a place in the public sphere for gays.[38] “As you may know, Gay Liberation Front Los Angeles has become the center of military resistance for the gay community,” GLFLA leader Mark Lareau wrote Kameny in 1971.[39] The GLFLA viewed Kameny as uniquely skilled in battling discrimination against homosexuals in the military and government, sending him dozens of letters from G.I.s; some from military personnel trying to escape service due to homophobia in the armed services and others attempting to hold on to the career they had built in the military now under threat due to their homosexuality. In other ways, the city’s gay community began to assert itself more openly even opening the Gay Community Services Center in 1971. The intersection of the Vietnam War and the city’s vibrant gay liberation movement made Los Angeles a hotbed of activism.
Swept up in this fervor, Tabler too became politically active, at one point joining forces with GLFLA leader and founder Morris Kight to challenge the state’s anti-sodomy and fellatio legislation. Tabler, along with five others, formed the “Felons Six,” a group that “confessed” to engaging in “oral copulation of each other.” When authorities refused to prosecute them, Kight made a citizen’s arrest in front of the L.A. Press Club and brought them to authorities. Law enforcement continued to refuse to prosecute the group, thereby demonstrating California laws governing the private sexual activity of adults to be baseless. Kight testified on Tabler’s behalf at his clearance hearing and explained that the point of the demonstration was to “create a court test case with which to challenge and hopefully strike down Sections 286 and 288A of the California penal code,” which made anal and oral sex illegal. Since the city’s attorney general declined to pursue the case, the problem remained that as long as the law persisted it could be used against homosexuals in certain circumstances as in the case of Otis Tabler’s security clearance investigation and other gay men and women seeking similar clearances.[40]
With a growing political awareness and having been denied a security clearance earlier in 1973, which resulted in job loss, Tabler appealed the decision and forced an open hearing with the Western Division Field Office of the Department of Defense, the first of its kind in U.S. history. The hearing held over four days in late July and early August of 1974, roughly two months after the “Felons Six” demonstration, at the Federal Building on Wilshire Boulevard revealed a clearance process, at least in relation to homosexuality, beset with contradictions that reflected broader societal biases of the day. Government counsel James E. Stauffer told the Los Angeles Times that “as long as these type of activities are determined to be criminal according to statues and high decisions,” the security clearance program had no choice but to conduct investigations accordingly. [41]
The testimony of witnesses at Tabler’s hearing demonstrated that the government’s enforcement of sodomy and perversion laws proved both selective and discriminatory. Logicon security officer Helga Angela Kuczora testified that Tabler notified her early on of his sexuality, which to her mind demonstrated his insusceptibility to blackmail. She noted that everyone else at Logicon knew about Tabler’s sexuality due to the fact that the presence of an open homosexual in a company of three hundred employees amounted to a “small Watergate.” Kuczora further critiqued the clearance process pointing out “a heterosexual is never questioned as to his sexual preferences.” She herself had engaged in sexual acts outlawed by the state but nonetheless held a Top Secret clearance. “I think the main thing here being that why [a] homosexual’s sexual activities and not a heterosexual’s activities are questioned.” Christian Julia Robinson, who had known Tabler for eight years and even carried on a sexual relationship with him at one time drew similar conclusions noting she had engaged in sodomy and oral sex with Tabler but still had qualified for a Secret clearance.[42]
Even a government investigator testified that officials only inquired about an individual’s sexual history when they were a suspected or an admitted homosexual. Michael Roussel Dupre, a special investigator who had conducted the review of Tabler’s case admitted that he perceived Tabler as “responsible, discreet, loyal, and trustworthy “ and insusceptible to blackmail. He acknowledged that in his experience heterosexuals were almost never investigated for “consensual sexual acts,” but when an allegation of homosexuality was leveled and substantiated that “yes, the holders of security clearances who are homosexuals have their clearance taken away from them.” [43]
Tabler testified on his own behalf. When the government’s lawyers inquired about his sexual history notably any prevalence of one-night stands, Kameny objected, pointing out the same would not be asked of heterosexuals. Tabler told Government Examiner Richard Farr that while he believed in a strong, sound, well administered clearance system, the one he encountered had been perverted by “a very, very mentally disturbed homophobic attitude on the part of the Industrial Security Clearance Review Office and extending all the way up through and into a number of people on Capitol Hill….” In regard to state sodomy laws, Tabler viewed them as “merely words written on statue books. I believe that they do not exist.”[44]
Tabler’s mother added emotional tenor to an already contentious hearing. She made an impassioned plea telling the government that her son was a loyal American and that as the widow of a disabled U.S. Air Force veteran, she loved her country, “But I’m horrified to find out that the Defense Department does not honor the Constitution of the United States.” She then broke down in tears.[45]
The government could not reasonably claim that Tabler represented a blackmail risk. He was an open homosexual. His mother knew, as did all his coworkers; over twenty affidavits from colleagues attesting to this fact were submitted into evidence.[46] Tabler even sent letters confessing to his sexuality and violation of state sodomy laws to the Los Angeles County Sheriff and District Attorney.[47]
Though not a lawyer, Kameny represented Tabler and employed an unorthodox and unconventional approach. His opening statement lasted over ninety minutes. He called the security clearance program bigoted, politically corrupt, and vile. He accused the Department of Defense (DOD) and federal government of conducting a war on gays that both waged “relentlessly, remorselessly and mercilessly.” The homosexual community did not want to fight, but “if they want a war they will get it,” he told the government examiner.[48]
The case drew welcome publicity. One of the most difficult aspects of the early gay liberation movement related to the mainstream media’s tendency to ignore protests, particularly those of the GLFLA.[49] Tabler and Kameny went out of their way to force the case into the public sphere despite attempts by the DOD to avoid an open hearing. Drawing on his experiences from the 1960s, Kameny successfully attracted local and national media attention. Articles before and after the hearing appeared in numerous outlets including the Los Angeles Times, the Washington Post, the Washington Star, The New York Times, The Palos Verdes Peninsula News, and Newsweek, among others. Radio and television also covered the hearing including Radio-News West, KNBC, and KTTV. KTTV broadcast the closing statements of the hearing and the case even garnered attention overseas in London’s Gay News.[50]
Though many of the articles featured headlines such as, “Homosexual in Fight to Regain U.S. Clearance,” or “Homosexual Gets Security Clearance,” in a letter to LGBT activist Barbara Gittings, Kameny expressed great satisfaction with the end result. Describing the hearing as “the much publicized California case,” Kameny believed that the “de-facto change in [DOD] policies” represented a real victory. He wrote Gittings, “[T]he war which I started formally about 1959, and which you and I fought together in its more formal stages starting about 1965 has now ended with victory.” Having won triumphs at the CSC and DOD, Kameny believe that two of the three “Federal Government battles going on since time immemorial” had been resolved, leaving the Armed Services as the last hold out. Then again, Kameny’s exuberance obscured the fact that the State Department and intelligence services remained very much resistant and would continue to be so into the 1990s. Still Kameney was correct; the ruling represented significant progress.[51]
Change
At the same time, organizations like the Gay Community Alliance (GCA) formed to encourage Los Angeles homosexuals to “register, vote, and think of themselves as a political force.” The GCA drafted voter slates and campaigned for gay friendly candidates. In 1973, one year after Harvey Milk had become the first openly gay individual in the state to be elected to office, in San Francisco, Burt Pines won election to become city attorney. Though not homosexual, Pines’s victory was due in great part due to his courting of the gay vote. Pines immediately pushed through reforms that more or less ended city prosecution of gay bars and promised that the LAPD would hire qualified homosexual officers.[52] In 1975, Assemblyman Willie Brown wrote the Consenting Adults bill, which passed, repealing “all laws against homosexual acts.”[53] While the LAPD remained hostile under the leadership of Chief Ed Davis, even continuing to conduct the occasional raid, open hostility to the city’s homosexual population had begun to recede. Granted, obstacles remained, like 1978’s anti-gay Proposition 6, but much had improved. Nationally, however, by 1975 only eleven states had decriminalized adult consensual sexual activity between same sex partners. Government officials acknowledged that members of the LGBT community in states with such laws still on the books made approval of clearances for such individuals deemed “more difficult.”[54] The 1986 Supreme Court ruling in Bowers v. Hardwick, in which by a 5-4 vote the court upheld a Georgia anti-sodomy law, demonstrated how deeply embedded such notions were within American society and jurisprudence.[55]
For Tabler, good news followed, although once again not without a fight. On 17 December 1974, government Examiner Richard S. Farr, who had supervised the hearing, ruled in Tabler’s favor, judging him worthy of a security clearance. However, the Department of Defense appealed the decision and even attempted to disqualify Kameny as his counsel. Still, almost exactly a year to the day, the DOD reversed course and dropped its appeal notifying both Kameny and Tabler that it had changed its policies regarding homosexuals.[56]
Tabler became the first openly homosexual person to gain a security clearance. In contrast to his more celebratory remarks to Gittings months earlier Kameny acknowledged in the Mattachine newsletter that much work was left to be done, since now it needed to be determined that such policies would be followed. In addition, the FBI. and CIA conducted their investigations and continued to discriminate against homosexuals.[57] Nonetheless by the 1990s, homosexuals would even be welcomed into the CIA as noted by none other than former C.I.A. Director and Secretary of Defense Robert M. Gates who in response to correspondence from the William and Mary Gay and Lesbian Alliance argued the CIA. did not discriminate and in fact “has homosexuals in its workforce.”[58] Undoubtedly, Otis Francis Tabler’s fight contributed to such developments.
Often the military and its related private defense contractors are seen as inherently conservative institutions. Historians like Lisa McGirr have documented how the growth of the defense industry in Orange County contributed directly to the establishment of the New Right and modern conservatism.[59] Yet, as demonstrated, for all its moral ambiguities, the military industrial complex has also provided a space for resistance and the assertion of rights and community for gay men and women across the U.S. but especially in California.
“Sexual orientation is unrelated to moral character. Both patriots and traitors are drawn from the class American citizen and not specifically from the class heterosexual or the class homosexual.[60]
Tabler’s case and others eventually forced the government to evaluate its assumptions regarding gay and lesbian employees. During the 1985 Senate hearings, FBI and CIA officials stuck to their narrative regarding the susceptibility of LGBT employees to blackmail yet could not muster a single example. In 1991, a government commissioned studied found that of one hundred seventeen documented cases of espionage only six involved gay men or women, and none of those half dozen had committed espionage due to blackmail. The report’s author came to the following comprehensible conclusion: “Sexual orientation is unrelated to moral character. Both patriots and traitors are drawn from the class American citizen and not specifically from the class heterosexual or the class homosexual.[60] In the end, all it took was passionate efforts from a thirty-one-year-old systems analyst in California and a militant World War II veteran in Washington D.C., but the moral arc of the U.S. government finally began to bend toward justice after decades of protest fueled by the aims of reaching a state of love, respect, and acceptance.
Notes
[1] Chuck Schoen, “General Colin Powell Makes Rash a Rash Statement Based Only on Conjecture,” The Newsletter Veterans Council for American Rights and Equality, March 1992, Service Academies Gay, Lesbian, and Bisexual Alumni Records, Manuscript Division, Library of Congress; Craig Anderson, “Discharged veteran, 65, still battles for gay military rights,” The Press Democrat, 11 March 1991, Service Academies Gay, Lesbian, and Bisexual Alumni Records, Manuscript Division, Library of Congress
[2] Robert Gates to Michael A. Pemberton and Thomas P. Rowan, 6 March 1992, Folder 3, Box 42, Frank Kameny Papers, Manuscript Division, Library of Congress.
[3] Mattachine Society of Washington D.C., “Homosexual wins final award of security clearance,” Press Release, 4 August 1975, Folder 9, Box 158, Frank Kameny Papers, Manuscript Division, Library of Congress.
[4] Kathy Burke, “Homosexual in Fight to Regain U.S. Clearance,” Los Angeles Times, 4 August 1974.
[5] John D’Emilio, Sexual Politics, Sexual Communities (Chicago: University of Chicago Press, 1983); Alan Berube, Coming Out under Fire: The History of Gay Men and Women in World War II (New York: Free Press, 2000).
[6] Daniel Hurewitz, Bohemian Los Angeles and the Making of Modern Politics (Oakland: University of California Press, 2007), 232.
[7] Berube, Coming Out under Fire, 123.
[8] Margot Canaday, The Straight State: Sexuality and Citizenship in Twentieth-Century America (Princeton, NJ: Princeton University Press, 2009), 175.
[9] Lillian Faderman and Stuart Timmons, Gay L.A.: A History of Sexual Outlaws, Power Politics, and Lipstick Lesbians (New York: Basic Books, 2006), 30.
[10] Faderman and Timmons, Gay L.A., 84.
[11] Whitney Strub, “The Clearly Obscene and the Queerly Obscene: Heternormativity and Obscenity in Cold War Los Angeles,” American Quarterly 60 (2008): 381-382.
[12] Strub, “The Clearly Obscene and the Queerly Obscene,” 382, 383, 387, 389.
[13] Elsa Devienne, “Urban Renewal by the Sea: Reinventing the Beach for the Suburban Age in Postwar Los Angeles,” Journal of Urban History, 29 March 2018, accessed 15 May 2018, https://doi.org/10.1177/0096144217753379.
[14] Hurewitz, Bohemian L.A., 254.
[15] Stuart Timmons, The Trouble with Harry Hay: Founder of the Modern Gay Movement, (Boston: Alyson Publications, 1990), 117-118, 130-31. During World War II, Hay worked on developing a pilotless aircraft at Interstate Aircraft in Los Angeles. He soon moved on to Avion Aircraft where his supervisor made efforts to convince Hay to enroll in Cal Tech to study systems engineering, but his inability to get a security clearance due to his communist affiliations resulted in a career of lower level manufacturing work such as his position at a downtown firm following the war, Leahy Manufacturing.
[16] Margaret O’Mara, Cities of Knowledge: Cold War Science and the Search for the Next Silicon Valley (Princeton, NJ: Princeton University Press, 2005), 202.
[17] David K. Johnson, The Lavender Scare: The Cold War Persecution of Gays and Lesbians in the Federal Government (Chicago: University of Chicago Press, 2004), 170-71.
[18] David K. Johnson, “‘Homosexual Citizens’: Washington’s Gay Community Confronts the Civil Service,” Washington History 6 (1994/1995): 62; David K. Johnson, The Lavender Scare: The Cold War Persecution of Gays and Lesbians in the Federal Government (Chicago: University of Chicago Press, 2004), 174, 184.
[19] Johnson, The Lavender Scare, 106-7.
[20] Lilli Vincenz to Sister Mary Agnes, 13 October 1965, Folder Personal Correspondence 1965, Box 3, Lilli Vincenz papers, Manuscript Division, Library of Congress.
[21] Johnson, The Lavender Scare, 200-201.
[22] “10 oppose Gov’t on homosexuals,” Washington Afro American, 20 April 1965, Folder 4, Box 15, Lilli Vincenz papers, Manuscript Division, Library of Congress.
[23] Brian Moylan, “Pivotal Protest”, The Washington Blade, 8 April 2005, Folder 4, Box 15, Lilli Vincenz papers, Manuscript Division, Library of Congress.
[24] Ibid.
[25] Ibid.
[26] Johnson, The Lavender Scare, 206-207.
[27] Richard White, “It’s Your Misfortune and None of My Own”: A New History of the American West (Norman, OK: University of Oklahoma Press, 1993), 496.
[28] Roger W. Lotchin, Fortress California, 1910-1961: From Warfare to Welfare (Champaign, IL: University of Illinois Press, 1992), 65.
[29] Thomas Hill, “The Securitization of Security: Reorganization of Land, Military, and State in the Pentagon’s Backyard,” Journal of Urban History 41 (2015): 76.
[30] Faderman and Timmons, Gay L.A., 145.
[31] Johnson, The Lavender Scare, 170-171. Several U.S. governmental agencies had begun purging homosexual employees years before the 1953 executive order.
[32] Otis Francis Tabler, Interoffice Correspondence: Request for your support in maintaining my right to hold an Industrial Security Clearance, 4 August 1973, Folder 4, Box 149, Frank Kameny Papers, Manuscript Division, Library of Congress. The underlined portion of the letter was written by Tabler.
[33] Ibid.; Franklin Drucker M.D., Re: Otis Frank Tabler, 14 November 1972, Folder 4, Box 149, Frank Kameny Papers, Manuscript Division, Library of Congress.
[34] Larry Wayne Kern, testimony, Otis Francis Tabler Jr. v. OSD 73-86, 30 July 1974, Folder 1, Box 35, Frank Kameny Papers, Manuscript Division, Library of Congress.
[35] Faderman and Timmons, Gay L.A., 165.
[36] Ibid., 153-154.
[37] Richard Gayer, Press Release “The Green vs. CIA Settlement–A New Way to Gay Equality,” 25 October 1984, Box 40, Folder 8, Frank Kameny Papers, Manuscript Division, Library of Congress.
[38] Faderman and Timmons, Gay L.A., 170-72.
[39] Gary M. Lareau to Frank Kameny, 11 March 1971, Frank Kameny Papers, Folder 3, Box 92, Manuscript Division, Library of Congress.
[40] Faderman and Timmons, Gay L.A., 180; Morris Kight, testimony, Otis Francis Tabler Jr. v. OSD 73-86, 30 July 1974, Frank Kameny Papers, Folder 1, Box 35, Manuscript Division, Library of Congress.
[41] “Pentagon Opens Security Review,” The New York Times, 4 August 1974; Kathy Burke, “Homosexual in Fight to Regain Clearance,” Los Angeles Times, 4 August 1974.
[42] Christian Julia Robinson, testimony, 31 July 1974, Frank Kameny Papers, Folder 2, Box 149, Manuscript Division, Library of Congress.
[43] Kathy Burke, “Homosexual in Fight to Regain Clearance,” Los Angeles Times, 4 August 1974; Michael Roussel Dupre, testimony, Otis Francis Tabler Jr. v. OSD 73-86, 31 July 1974, Folder 4, Box 149, Frank Kameny Papers, Manuscript Division, Library of Congress; Helga Angela Kuczora, testimony, Otis Francis Tabler Jr. v. OSD 73-86, 31 July 1974, 198-99, Folder 1, Box 35, Frank Kameny Papers, Manuscript Division, Library of Congress; Christine Julia Robinson, testimony, Otis Francis Tabler Jr. v. OSD 73-86, 31 July 1974, 360, Folder 1, Box 35, Frank Kameny Papers, Manuscript Division, Library of Congress.
[44] Otis Francis Tabler, testimony, Otis Francis Tabler Jr. v. OSD 73-86, 30 July 1974, 476, Folder 1, Box 35, Frank Kameny Papers, Manuscript Division, Library of Congress.
[45] Mary Aull Tabler, testimony, Otis Francis Tabler Jr. v. OSD 73-86, 30 July 1974, 46-50, Folder 1, Box 35, Frank Kameny Papers, Manuscript Division, Library of Congress, 166-67.
[46] Ronald Den Hartwick, Affidavit, 28 June 1974, Folder 4, Box 149, Frank Kameny Papers, Manuscript Division, Library of Congress; Frank Terrio Cummings, Affidavit, 28 June 1974, Folder 4, Box 149, Frank Kameny Papers, Manuscript Division, Library of Congress; Wray Davison Bentley, Jr., Affidavit, 28 June 1974, Folder 4, Box 149, Frank Kameny Papers, Manuscript Division, Library of Congress. These are three examples from over twenty submitted.
[47] Otis Francis Tabler to Sheriff Peter J. Pitchess, 17 December 1973, Folder 4, Box 149, Frank Kameny Papers, Manuscript Division, Library of Congress; Otis Francis Tabler to Honorable Joseph J. Busch, District Attorney, County of Los Angeles, Folder 4, Box 149, Frank Kameny Papers, Manuscript Division, Library of Congress.
[48] Frank Kameny, opening statement, i, 30 July 1974, 46-50, Folder 1, Box 35, Frank Kameny Papers, Manuscript Division, Library of Congress.
[49] Faderman and Timmons, Gay L.A., 177.
[50] Kathy Burke, “Homosexual in Fight to Regain U.S. Clearance,” Los Angeles Times, 4 August 1974; “Pentagon Opens Security Review,” The New York Times, 4 August 1974; “Homosexual Gets Security Clearance”, Washington Post, 2 February 1975; “Gay Liberation,” Newsweek, 3 February 1975; Vernon A. Guidry, Jr., “Pentagon Easing Gay Curbs,” Washington Star, 15 August 1975; Frank Kameny to Gay News, 4 March 1975, Folder 14, Box 34, Frank Kameny Papers, Manuscript Division, Library of Congress; Otis Francis Tabler Jr. v. OSD 73-86, 30 July 1974, Folder 1, Box 35, Frank Kameny Papers, Manuscript Division, Library of Congress.
[51] Frank Kameny to Barbara Gittings, 31 July 1975, Folder 1, Box 4, Frank Kameny Papers, Manuscript Division, Library of Congress.
[52] Faderman and Timmons, Gay L.A., 215.
[53] Ibid., 180.
[54] Vernon A. Guidry, “Pentagon Easing Gay Curbs,” Washington Star, 15 August 1975.
[55] Michael J. Graetz and Linda Greenhouse, The Burger Court and the Rise of the Judicial Right (New York: Simon and Schuster, 2016), 208-211.
[56] Mattachine Society of Washington D.C., “Homosexual wins final award of security clearance,” Press Release, 4 August 1975, Folder 9, Box 158, Frank Kameny Papers, Manuscript Division, Library of Congress.
[57] Ibid.
[58] Robert M. Gates, Letter to William and Mary Gay and Lesbian Alliance, 6 March 1992, Folder 3, Box 42, Frank Kameny Papers, Manuscript Division, Library of Congress.
[59] Lisa McGirr, Suburban Warriors: The Origins of the New Right (Princeton, NJ: Princeton University Press, 2002).
[60] Paul M. Rosa, “Gays and the Security Myth,” Washington Post, 10 July 1998; Theodore R. Sarbin, “Homosexuality and Personnel Security” (Monterey, CA: Defense Personnel Security Research and Education Center, 1991), 25, 30, 32.
Ryan Reft is a historian of the modern U.S. in the Manuscript Division at the Library of Congress. He is a contributor to and co-editor of the forthcoming anthology East of East: The Making of El Monte, 1700-2017 and writes regularly for KCET. His work has appeared in the Journal of Urban History, Souls, California History, and Southern California Quarterly among other publications and anthologies.
Copyright: © 2018 Ryan Reft. This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/.
