The fact that I happen to be straight might have something to do with it. I didn't even realize that the Navy had assumed I was gay until 13 years after they'd fired me. I was to go before an Administrative law judge for the Social Security Administration for a rehearing. As I thought about the events of the previous hearing, I began to see that not only the judge, but also the navy had assumed I was gay. But since they hadn't make any overt accusation and I didn't happen to think of it, I had been defending myself against what I saw as sex-based discrimination, that is, attempts to make me conform to female stereotypes, which, in fact, is very similar to the persecution of homosexuals. As it dawned on me that I had been the victim of a witch hunt, I prepared the following document (only the judge's name has been deleted) and submitted it at the hearing.
I, Mark Ethan Smith, do solemnly swear under penalty of perjury the following:
My name is Mark Ethan Smith, I am 56 years old, a resident of San Diego County, and of sound mind, meaning rational, logical and in touch with reality, though I suffer from emotional, personality and affective disorders. I am not now nor have I ever been a homosexual, a lesbian, a gay, a transsexual, or a transvestite. I am a biological female and although I live as if I were male I do not, as is the case with transvestites, wear clothing of the opposite sex for sexual or sensuous purposes.
Although the Navy accused me of being a transsexual they had no evidence of this and after sending me to sex and gender specialists they withdrew their allegation. To my knowledge they made no other allegations against me regarding sex or sexual orientation. I am not aware of ever having been accused of being homosexual prior to the incident in [this court]. I was unprepared for this allegation and did not have time to answer it properly so I am doing so now.
The question [the judge] asked was whether my "orientation" might have been a factor in my problems with the Navy. I said, "It might have been..." but I was cut off and not given time to respond. My "orientation" might have been a factor in my problems with the Navy in that they may have made the same false assumption as [this court] apparently has, although if so they never to my knowledge put it in writing or before any court. I am heterosexual but before I got the Navy job I had made a firm determination not to get sexually involved with anyone at work, so I couldn't prove it. Prior to that time I had been married and divorced twice, had one long-term common-law marriage in Mexico, and numerous short and long term heterosexual relationships. I have never been sexually attracted to women. I like men and in the past I have been accused of perhaps liking men a bit too much.1. The problem was that most of the men I met were either unable or unwilling to support me and, in fact, seemed to expect me to support them. Since my mother, a schoolteacher, had supported my father and our family, I was certainly willing to support a husband, but I did not have the ability to earn a living no matter how much I tried. I lost custody of both my daughters, primarily because I could not support them. I had lost jobs both for having sex with male employers and coworkers, and for refusing to have sex with male employers and coworkers, and had heard of many similar cases. I was 41 when my checks were cut, had been homeless for many years, saw my chances of attracting another husband as slim2. unless I were first able to contribute financially to a relationship, and I was primarily concerned with survival and did not want to risk losing a job because of sexual problems.
Having decided, as many people do, not to mix sex and work, I refused to respond to sexual advances at work, whether from females, as I am not sexually attracted to females, or from males, as I did not want to risk losing my job and did not want to become romantically involved again until I had a secure source of income which, in the case of the Navy job, meant completing the apprenticeship and finding employment as first a helper and then a journeyman, none of which was guaranteed. The job was offered without regard to sex and there were no sexual duties listed in my job description. I also refused to discuss sex on the job, but I did file sexual harassment complaints when the Navy failed to keep the contents of my medical and personnel files confidential as required by law, and I began to be harassed at work on the basis of data from those files such as my previous name and genital status.
The reason I had begun concealing my sex was that I needed a job desperately when my benefits were cut in l98l, so as not to become homeless again. I'd been looking for work for several years, was on Vocational Rehabilitation, and many potential employers had told me that they didn't hire me because they, "had never hired a female before," or that they, "preferred to hire a man." These remarks were made in one-on-one interviews so I had no proof of discrimination and could not use them to sue. My Voc. Rehab. training was in Business Machine Technology which I selected because it had the highest job placement record of any free vocational program, and I had not considered that it was a nontraditional occupation for women. After I saw a documentary film called, "Rosie the Riveter," about women who worked during W.W.II, which included an episode of a woman being hired by a male employer who was adamantly opposed to hiring women but did not realize that the job applicant was female, I began to feel that I might have a better chance at employment if my genital status was not overtly displayed. The only alternative to having to live on the street against that I could see at the time was suicide, an option which would still be open if I was unable to conceal my sex and find employment. Although I came close to it again after I was fired, thanks to the help of many professionals I am still somewhat alive.
After the trauma with the Navy and subsequent related court cases, I no longer have any sex drive, I am incapable of social or sexual relationships of any kind, and I live alone with my canary. I don't know how a person can prove their sexual orientation without having sex with somebody and I am not willing to do this for the sake of the court's curiosity. I suggest that the reason that the Navy never accused me of homosexuality is that I am not now and have never been a homosexual and that since the Navy ordered a background investigation of me for the purpose of a security clearance,3. they were aware of the facts.
I ask that the court either stipulate to my heterosexual orientation, provide some evidence of homosexual orientation other than false assumptions based on sexual stereotypes, indicate some way in which I could prove my sexual orientation to the court without having to engage in immoral acts under duress, or give my attorney time to obtain my FBI, NIS, and other relevant files under the Freedom of Information Act so that we can proceed without sexual innuendoes distracting from the facts of the case.
Respectfully signed and sworn to under penalty of perjury:
Mark Ethan Smith
1. This is a polite understatement.
Note: My Social Security case was resolved in my favor. I worked as a civilian for the Navy and the problems that women in the military experience are even more severe. To learn more visit H-Minerva links and check out Captain Critical.
