Skip to comments.Military's Sodomy Ban Challenged
Posted on 10/06/2003 2:56:35 PM PDT by Ex-Dem
October 6, 2003
Military's Sodomy Ban Challenged
by Stuart Shepard, correspondent
The ACLU hopes to use recent Supreme Court decision to overturn homosexual airman's conviction.
The first legal challenge to the military's sodomy ban since the U.S. Supreme Court voided state laws outlawing sodomy is scheduled to be heard Tuesday.
The case, brought by the American Civil Liberties Union and the Servicemembers Legal Defense Network, involves an airman already convicted under the Uniform Code of Military Justice. The appeal will be heard by the military's equivalent of the Supreme Court.
"This is an important case, because it is the first opportunity that we have had to test the Supreme Court's Lawrence v. Texas decision within the military court system," said Steve Ralls, a spokesman for the Servicemembers Legal Defense Network.
He argued that the decision in the Lawrence case, which struck down state laws against homosexual sex, means military laws must be struck down as well.
"It would essentially put military law in compliance with civilian law," Ralls said.
But Jordan Lorence, a vice president at the Alliance Defense Fund, a pro-family legal society, said the military must be free to set its own rules regarding homosexual conduct, regardless of what laws bind the states, because of the inherent lack of privacy and the demands of combat in the military.
"Even if it's consensual, if it's between members of the military as it was in this case inevitably, (homosexuality) is going to cause disruption because the individual soldiers are going to be concerned: 'Who's staring at me? Who's sexually attracted to me?' " he said.
Lorence added that the Lawrence decision in which justices found that the Constitution's so-called right to privacy extends to homosexual sodomy is now being cited in all sorts of cases, even the defense of polygamy.
"The big question is: How far is the reach of Lawrence v. Texas?" Lorence said. "Does it basically legalize everything?"
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Homosexuality is a divisive force wherever it is practiced. In the civilian population, a certain amount of that is acceptable. It is most assuredly NOT acceptable in military units. Hopefully this tribunal has the vision to perceive that, and the courage to act accordingly.
That's agood point. Unfortunately, those that hold to the ACLU's worldview probably want to see the military culture destroyed.
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