Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Panel urges ending UCMJ’s sodomy ban
Stars and Stripes ^ | October 27, 2009 | By Lisa M. Novak

Posted on 10/26/2009 1:09:41 PM PDT by Jet Jaguar

A panel of legal scholars has suggested that Congress remove sodomy as a crime punishable under the Uniform Code of Military Justice, a recommendation that could boost efforts to end a ban on gays serving openly in the U.S. military.

The Commission on Military Justice recommended that Article 125, which deals with sodomy, be repealed, arguing that “most acts of consensual sodomy committed by consenting military personnel are not prosecuted, creating a perception that prosecution of this sexual behavior is arbitrary.”

In its report — dated October 2009 — the commission suggested several changes be made to the UCMJ, including a requirement that law enforcement officials videotape interrogations. The panel’s discussion of Article 125 has gotten the attention of “don’t ask, don’t tell” opponents.

“Public opinion about private, consensual sexual conduct has shifted dramatically since the military sodomy ban was written into law almost a hundred years ago,” according to Nathaniel Frank, a senior research fellow at the Palm Center, a University of California, Santa Barbara, research institute focusing on gays and the military.

“To say that gays should be banned from the military for this outdated reason makes no sense,” Frank was quoted as saying in a center news release.

It’s the second time the commission recommended repealing the law, the first time was in 2001.

Sodomy is defined in the Manual for Courts-Martial as “unnatural copulation with another person of the same or opposite sex.” Under the UCMJ, sodomy — which includes oral sex — is considered a criminal act, even among consenting adults and married couples.

“The vast majority of heterosexuals engage in sodomy as defined in Article 125 and the Manual for Courts-Martial,” said Kevin Nix, a spokesman for the Servicemembers Legal Defense Network. The organization strongly opposes both “don’t ask, don’t tell” and the sodomy law.

“In fact, it appears that the majority of people prosecuted under Article 125 are straight,” Nix said in an e-mail to Stars and Stripes. He described the law as “a legal anachronism” and said it was selectively enforced.

A repeal of the sodomy law is long overdue, according to Walter T. Cox, who heads the military justice panel. Cox is a former chief justice of the U.S. Court of Appeals for the Armed Forces.

“In my judgment, it causes people to disrespect the law when you have a law in place that people don’t agree with and don’t obey,” Cox said in a telephone interview.

Pointing to the fact that several changes recently have been made to Article 120 of the UCMJ in regard to prosecution of rape, sexual assault and other sexual misconduct, the panel argues, “there is no need for a separate provision making sodomy a military crime.”

“You’re not giving anything away by repealing [Article 125],” Cox said.

In its report, the commission also mentioned a 2003 Supreme Court ruling — Lawrence vs. Texas — that found a Texas law that prohibited sexual acts between same-sex couples was unconstitutional. Because of the ruling, the commission argues, “the provision of Article 125 that punishes consensual sodomy is in doubt.”

The report is sponsored by the National Institute for Military Justice and the American Bar Association.

Any changes to the UCMJ have to be approved by Congress and signed into law by executive order.

Cox said he’s unsure if Article 125 will be repealed.

“The Department of Defense traditionally does not like change. Their mantra is ‘if it’s not broke don’t fix it,’ ” he said.


TOPICS: Foreign Affairs; Government
KEYWORDS: academicbias; anotherstudy; bhohomosexualagenda; dontaskdonttell; gaysinthemilitary; homosexualagenda; militaryreadiness; sodomites; sodomy; ucmj; usmilitary

1 posted on 10/26/2009 1:09:41 PM PDT by Jet Jaguar
[ Post Reply | Private Reply | View Replies]

To: Jet Jaguar

Not satire, is it?


2 posted on 10/26/2009 1:10:30 PM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jet Jaguar

At the same time, the service will create a new MOS - 6969 -Adjutant’s Bugger Boy.


3 posted on 10/26/2009 1:11:51 PM PDT by ConorMacNessa (HM/2 USN, 3/5 Marines, RVN 1969. St. Michael the Archangel defend us in battle!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jet Jaguar; Slings and Arrows
“In fact, it appears that the majority of people prosecuted under Article 125 are straight,”

But I thought they claimed it discriminates and that "don't ask don't tell" needs to be repealed too.

So it discriminates against heterosexuals? Then why are the homosexuals in a tither?

4 posted on 10/26/2009 1:13:09 PM PDT by a fool in paradise (I refuse to "reduce my carbon footprint" all the while Lenin remains in an airconditioned shrine)
[ Post Reply | Private Reply | To 1 | View Replies]

To: stephenjohnbanker

No, unfortunately.


5 posted on 10/26/2009 1:14:40 PM PDT by Jet Jaguar (A mob of one.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: stephenjohnbanker

...The title is taken from a quote, often attributed to Winston Churchill: "Don't talk to me about naval tradition. It's nothing but rum, sodomy, and the lash.".

6 posted on 10/26/2009 1:14:49 PM PDT by a fool in paradise (I refuse to "reduce my carbon footprint" all the while Lenin remains in an airconditioned shrine)
[ Post Reply | Private Reply | To 2 | View Replies]

To: stephenjohnbanker

A repeal of the sodomy law is long overdue, according to [the delightfuylly named]Walter T. Cox.

Adultry is a UCMJ offense too, rarely enforced.


7 posted on 10/26/2009 1:15:20 PM PDT by dblshot
[ Post Reply | Private Reply | To 2 | View Replies]

To: Jet Jaguar

Well, next then they will have to remove fraternization charges...
And while they are at it, they will need to have 4 different bathrooms/showers instead of 2.

Or, they can label the two different bathrooms as Heters and Homos.


8 posted on 10/26/2009 1:17:07 PM PDT by Safrguns
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jet Jaguar

“Public opinion about private, consensual sexual conduct has shifted dramatically since the military sodomy ban was written into law almost a hundred years ago,” according to Nathaniel Frank, a senior research fellow at the Palm Center, a University of California, Santa Barbara, research institute focusing on gays and the military.
888888888888888888888888888888888888888888888888888888888888

these freaks want to bless mixing feces and orgasms


9 posted on 10/26/2009 1:17:29 PM PDT by Vn_survivor_67-68 (CALL CONGRESSCRITTERS TOLL-FREE @ 1-800-965-4701)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jet Jaguar

A blow for justice.


10 posted on 10/26/2009 1:17:52 PM PDT by redpoll
[ Post Reply | Private Reply | To 1 | View Replies]

To: dblshot

They do enforce Adultry more than we think. I know a General who was basically forced to retire because of his cheating on his wife.


11 posted on 10/26/2009 1:18:04 PM PDT by ohioman
[ Post Reply | Private Reply | To 7 | View Replies]

To: Jet Jaguar; informavoracious; larose; RJR_fan; Prospero; Conservative Vermont Vet; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of interest.

Obama Says A Baby Is A Punishment

Obama: “If they make a mistake, I don’t want them punished with a baby.”

12 posted on 10/26/2009 1:19:09 PM PDT by narses ("These are the days when the Christian is expected to praise every creed except his own.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jet Jaguar

I suppose it is only a matter of time before the military is taken down officially. Maybe we can form our own Sacred Band (a pretty butch outfit from what I read).


13 posted on 10/26/2009 1:19:12 PM PDT by scory
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jet Jaguar

I would agree with this. As a practical matter the Lawrence case renders this unconstitutional. I don’t think any states have a sodomy law left on the books. Plus, if a husband and wife are into that kind of thing, they shouldn’t be subject to arrest in their quarters.


14 posted on 10/26/2009 1:20:59 PM PDT by colorado tanker (Mr. Flyingsaucerballoonboymediawhoreman - this Bud's for you!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: redpoll

This really sucks.


15 posted on 10/26/2009 1:22:12 PM PDT by Alas Babylon!
[ Post Reply | Private Reply | To 10 | View Replies]

To: Jet Jaguar
Sodomy is defined in the Manual for Courts-Martial as “unnatural copulation with another person of the same or opposite sex.” Under the UCMJ, sodomy — which includes oral sex — is considered a criminal act, even among consenting adults and married couples.

Virtually EVERY service member has violated this at least once (and more often than that if they are lucky).

16 posted on 10/26/2009 1:22:37 PM PDT by Larry Lucido (This tagline excerpted. To read more, click on MyOverratedBlog.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jet Jaguar
Under the UCMJ, sodomy — which includes oral sex — is considered a criminal act,

I was a victim of this kind of depraved criminal activity repeatedly at the Magic Fingers Massage Parlor just outside the main gate at Tan Son Knut AB, Saigon. Fortunately, they never caught the perpetrators...and I've been emotionally scarred for life.

17 posted on 10/26/2009 1:23:06 PM PDT by Snardius
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jet Jaguar

Laws against sodomy are honored in the breech.


18 posted on 10/26/2009 1:25:35 PM PDT by Mr Ramsbotham (You must choose ... death, or bulunga.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dblshot

Not only was one of these “experts” named COX - the other was named FRANK.


19 posted on 10/26/2009 1:27:22 PM PDT by PGR88
[ Post Reply | Private Reply | To 7 | View Replies]

To: Jet Jaguar
Sodomy is defined in the Manual for Courts-Martial as “unnatural copulation with another person of the same or opposite sex.”

Sorry, what I do with my wife is none of anyone's business - it's between us. The UCMJ has no business in anyone's bedroom.

20 posted on 10/26/2009 1:31:00 PM PDT by Hodar (Who needs laws .... when this "feels" so right?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Snardius
I remember during Tet in 68 a pal of mine in the 1/27th ,whom I ran across, told me of a person in his platoon that put on a night gown and offered favors to all and sundry.

Six, Six and a Kick, probably drawing a PTSD disabilty now.

21 posted on 10/26/2009 1:31:34 PM PDT by Little Bill (Carol Che-Porter is a MOONBAT.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: dblshot
“Adultry is a UCMJ offense too, rarely enforced.”

Actually, it is when it can be proven IOW the rules of evidence in the UCMJ. When it is prosecuted, it's usually to the overwhelming approval of the personnel in the command!

During my career, I saw 1 1Lt; 3 captains; 1 Lt Colonel; 1 Colonel; and a Lieutenant General go down in flames for it!

22 posted on 10/26/2009 1:32:14 PM PDT by ROLF of the HILL COUNTRY ( The Constitution needs No interpreting, only APPLICATION!)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Vn_survivor_67-68

Maybe, but I think it’s more to not end up putting married couples in jail for engaging in oral sex.


23 posted on 10/26/2009 1:32:16 PM PDT by DallasDeb (USAFA '06 Mom)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Jet Jaguar
Sodomy is defined in the Manual for Courts-Martial as “unnatural copulation with another person of the same or opposite sex.”

"Person" here means "human person," right? I ask for purely hypothetical reasons, of course...

24 posted on 10/26/2009 1:35:33 PM PDT by Billthedrill
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jet Jaguar
As suspected, the National Institute for Military Justice is a radical leftist operation.

http://www.nimj.org/documents/NIMJ_Annual_Report%20_2006.pdf

From the site:

NIMJ . . . was able to use unexpected, but timely, opportunities to advance military justice, largely due to the generous funding provided this past year by the(George Soros) Open Society Institute (OSI)

NIMJ drafted and submitted Congressional correspondence opposing the proposed Graham Amendment, which as passed, strips courts of jurisdiction to consider habeas proceedings brought by detainees in Guantanamo Bay, Cuba.

The list goes on.

25 posted on 10/26/2009 1:37:53 PM PDT by Jacquerie (Tyranny is at hand.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Vn_survivor_67-68
these freaks want to bless mixing feces and orgasms

It sounds so romantic when you put it that way.

26 posted on 10/26/2009 1:38:30 PM PDT by Hardastarboard (Maureen Dowd is right. I DON'T like our President's color. He's a Red.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: ROLF of the HILL COUNTRY; dblshot
"During my career, I saw 1 1Lt; 3 captains; 1 Lt Colonel; 1 Colonel; and a Lieutenant General go down in flames for it!"

I've personally prosecuted more than that for adultery. Granted, almost always the affair involves an officer and his/her subordinate, which is the underlying predicate for the prosecution. But, adultery is always one of the specifications charged.

27 posted on 10/26/2009 1:38:52 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Little Bill
I remember during Tet in 68 a pal of mine in the 1/27th ,whom I ran across, told me of a person in his platoon that put on a night gown and offered favors to all and sundry.

I was the regular victim of a cute little chinese girl in a pair of bikini panties...

28 posted on 10/26/2009 1:41:40 PM PDT by Snardius
[ Post Reply | Private Reply | To 21 | View Replies]

To: Hodar
That's exactly what Jerry Brown and the homosexuals said in California in the 60s. All they wanted was the privacy in the bedroom, nothing more, and just look what we have now in California............. lots of fruits glorifying homosexuality and openly trying to shove their lifestyle down the publics throat, so to speak.
29 posted on 10/26/2009 1:41:53 PM PDT by Old Badger (boy do opportunities abound everywhere for Real Conservatives!)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Jet Jaguar
“The vast majority of heterosexuals engage in sodomy as defined in Article 125 and the Manual for Courts-Martial,” said Kevin Nix, a spokesman for the Servicemembers Legal Defense Network. The organization strongly opposes both “don’t ask, don’t tell” and the sodomy law.

How do they know that "a vast majority of heterosexuals engage in sodomy"? Are they asking? or are the heterosexuals telling?

30 posted on 10/26/2009 1:47:06 PM PDT by CharlesWayneCT
[ Post Reply | Private Reply | To 1 | View Replies]

To: Vn_survivor_67-68
these freaks want to bless mixing feces and orgasms

These freaks want to destroy the US military, and will employ any means available.

That, and some of them enjoy buggery.

31 posted on 10/26/2009 1:50:11 PM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Jet Jaguar
"I tremble for my country when I consider that God is just."

-- Thomas Jefferson

32 posted on 10/26/2009 1:55:47 PM PDT by EternalVigilance (If they won't "secure the Blessings of Liberty to Posterity," they won't secure yours either.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Snardius
Four hour pass in Cu Chi no doubt. To bad the boom-boom rooms got blown away during Tet. They wouldn't let us into Saigon except on a pass thru.

A pal of mine from Texas, in my Squad, after a trip through, "Give Us twenty-five years and they all look like us." Went Asiatic, not hard to do.

33 posted on 10/26/2009 1:55:52 PM PDT by Little Bill (Carol Che-Porter is a MOONBAT.)
[ Post Reply | Private Reply | To 28 | View Replies]

To: Jet Jaguar

“Panel urges ending UCMJ’s sodomy ban”

-because nothing is more important to military readiness, combat effectiveness, power projection and preservation of our Republic than sodomy in the military. Is that about it?

Sickening.


34 posted on 10/26/2009 1:59:00 PM PDT by JewishRighter
[ Post Reply | Private Reply | To 1 | View Replies]

To: JewishRighter
-because nothing is more important to military readiness, combat effectiveness, power projection and preservation of our Republic than sodomy in the military.

Well, that, the chow and the great fitting uniforms.

35 posted on 10/26/2009 2:06:43 PM PDT by Snardius
[ Post Reply | Private Reply | To 34 | View Replies]

To: dblshot

So is cussing in front of minors. The UCMJ is full of mines, and has to be navigated with caution.


36 posted on 10/26/2009 2:07:39 PM PDT by BGHater ("real price of every thing ... is the toil and trouble of acquiring it")
[ Post Reply | Private Reply | To 7 | View Replies]

To: Snardius
"Well, that, the chow and the great fitting fabulous uniforms."

There. Fixed it.

37 posted on 10/26/2009 2:08:33 PM PDT by JewishRighter
[ Post Reply | Private Reply | To 35 | View Replies]

To: 185JHP; AFA-Michigan; Abathar; Agitate; Albion Wilde; AliVeritas; Antoninus; Aquinasfan; ...
Millions of tax dollars a day to treat raw sewage only to make a protected class out of the perverts who swim upstream to play in it at the source.. have these people ever seen the statistics on the diseases that go along with homosexuality?

Like foxes and snakes circling the hen house, the perverts are relentless in their effort to turn the schools, military and everything else into a meat market for perverts to prey on the fresh meat.

Homosexual Agenda Ping

Freepmail wagglebee or DirtyHarryY2K to subscribe or unsubscribe from the homosexual agenda ping list.

Be sure to click the FreeRepublic homosexual agenda keyword search link for a list of all related articles. We don't ping you to all related articles so be sure to click the previous link to see the latest articles.

Add keywords homosexual agenda to flag FR articles to this ping list.

38 posted on 10/26/2009 2:10:38 PM PDT by DirtyHarryY2K (The Tree of Liberty is long overdue for its natural manure)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jet Jaguar

I doubt that Nathaniel Frank, a senior research fellow at the Palm Center, a University of California, Santa Barbara, research institute has ever served a day in any military branch.

Therefore, like Obama, he doesn’t know what he is talking about when it comes to military life.

Me, I am a 23 year veteran


39 posted on 10/26/2009 2:21:04 PM PDT by supermop (Somebody has to clean up the mess he will leave)
[ Post Reply | Private Reply | To 1 | View Replies]

To: redpoll
A blow for justice.

Article 125 is going down.

40 posted on 10/26/2009 2:27:56 PM PDT by Caesar Soze
[ Post Reply | Private Reply | To 10 | View Replies]

To: supermop

Unless married military couples are jailed for either oral or anla sex, then the law needs to be removed. It should only apply to same sex oral or anal sex.

We do not need male homosexuals in the services.


41 posted on 10/26/2009 2:32:40 PM PDT by Your6
[ Post Reply | Private Reply | To 39 | View Replies]

To: Your6

“We do not need male homosexuals in the services.”

Or female, for that matter.


42 posted on 10/26/2009 2:40:37 PM PDT by PLMerite (Speak Truth to Stupid.)
[ Post Reply | Private Reply | To 41 | View Replies]

To: dblshot

Adultery is a handy one to have around, however. It’s easy to meet the standards, and can be used in plea bargaining.


43 posted on 10/26/2009 2:44:10 PM PDT by RinaseaofDs
[ Post Reply | Private Reply | To 7 | View Replies]

To: Jet Jaguar
“In fact, it appears that the majority of people prosecuted under Article 125 are straight,” Nix said in an e-mail to Stars and Stripes. He described the law as “a legal anachronism” and said it was selectively enforced.

We were informed in navy bootcamp that any sexual act that is *not* missionary sex between husband and wife is technically sodomy and punishable by the UCMJ. I've never heard of anyone going to mast over this though. Adultery and fraternization, yes, but never sodomy.

44 posted on 10/26/2009 2:52:35 PM PDT by Drew68
[ Post Reply | Private Reply | To 1 | View Replies]

To: a fool in paradise
Talk about inconsistency, we now have the mother of
all contradictions.

Fecal matter is one of the major sources of coliform
infections (Ecoli). In fact when it is discovered in
any food the Govt. orders massive recalls. Remember
lettuce, spinach, hamburger, and peanuts?

But the WH feels the Constitution gives them the right
to force health care.

I don't have any problem with any of LGBTT, folks
but I do have a problem with sodomy, whether practiced
by straight or gay couples.

With all our concern of H1N1, antrax, small pox, plague
it does seem strange this panel wants to assist in the
spread of Ecoli. Yes, the Texas court made an
egregious ruling.

45 posted on 10/26/2009 3:45:48 PM PDT by cliff630
[ Post Reply | Private Reply | To 4 | View Replies]

To: cliff630

Speaking as a former unit legal offficer, I would be inclined to believe that nearly all punishable UCMJ articles are selectively enforced.


46 posted on 10/26/2009 4:05:11 PM PDT by libertyhoundusnr
[ Post Reply | Private Reply | To 45 | View Replies]

To: libertyhoundusnr
you wrote are selectively enforced

What laws, rules, behavior, etc. are NOT selectivity
enforced.

Atty Gen Holder is the first one to come to mind.

47 posted on 10/26/2009 5:12:56 PM PDT by cliff630
[ Post Reply | Private Reply | To 46 | View Replies]

To: OldDeckHand

“...almost always the affair involves an officer and his/her subordinate,”

In the cases I mentioned, only one involved fraternization; the others were adulterous relationships with civilians, with another member’s wife, and such.
The Lt Gen was notorious for flying his military aircraft halfway across the country several times a month to meet with his mistress (ostensibly to meet with one of his remote units). It continued until the Maj General I worked for (at the base he flew to), refused to let it go.


48 posted on 10/27/2009 7:00:15 AM PDT by ROLF of the HILL COUNTRY ( The Constitution needs No interpreting, only APPLICATION!)
[ Post Reply | Private Reply | To 27 | View Replies]

To: ROLF of the HILL COUNTRY
"The Lt Gen was notorious for flying his military aircraft halfway across the country several times a month to meet with his mistress (ostensibly to meet with one of his remote units)."

Yep. That will do it every time. I wouldn't be surprised if a stunt like that not only ended a career but also ended with a little brig time.

To your original point, these things are prosecuted from time to time when it's not a fellow service member who is the "other party". Your personal experience notwithstanding, I'd estimate that few than 2/5ths of these prosecutions involve non-military "parties".

49 posted on 10/27/2009 9:43:13 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
[ Post Reply | Private Reply | To 48 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson