So when they signed on to be an officer they knew what the conditions were and if they weren’t willing to live with that they will suffer penalties.
Any employer can stipulate the behavioral conditions for employment. If there’s a rule that you don’t talk about your sex life or leanings at work, that’s a rule that can be made by an employer. The difficult part for the military is that the employees bunk together so if there’s a rule about behavior it impacts so much of the employee’s life. But that’s a condition of employment that the person knows before they sign up for the job - just like the condition that superiors not sleep with their subordinates. It’s a free world; they can sleep with who they like, but that doesn’t mean it will be without consequence in their employment.
Is that your understanding?
pretty much - and the courts have ruled continously (sic) that they are in special conditions which allow for special rules. Remember until the last century the military wasn’t allowed to vote - it was considered to be detrimental to good order and discipline if they may have voted in a differnt way from the fella that commands them now.
We gave 3 days bread and water as a regular captains mast punishment - first offenders got the message pretty quick that the CO was in charge..2nd offenders (sometimes 1st depending on the issue) + 45 days restriction to ship + 45 days at 1/2 pay, + a reduction in rank....with the 3 days BW ... THAT leaves a mark. If they got their 3rd they were on their way to an admin sep with an Other than Honorable - Cap’n didn’t screw around, but he treated everyone the same.
All this with no rules of evidence required just CO’s call - but if they wanted that they were always allowed to ask for a CM - where the punishments went through the roof if found guilty.
By the way Sodomy and adultery are still a punishable UCMJ offenses and include consensual unwed relations and way more than just butt buddies.