[JCEccles]

Let's talk about bigots for a moment. Suppose a soldier keeps Aryan Nation posters up in his room and tells everyone he despises blacks and gays. Suppose further that he has perfect performance reports and has never given his commander, a black, or his roommate, a discreet homosexual, any trouble.

I would nevertheless support his immediate discharge. Would you?

[Thud]

Expression on base is different from expression off base.

The following is from an early draft, stored on my hard drive, of Bob's forthcoming law review article on UCMJ changes. Here he suggests a change to UCMJ section 925, article 125:

Section 925. Art. 125. Sexual Misconduct (a) Any person subject to this chapter who commits an act of consensual sexual intercourse—

(1) on duty

(2) on a Federal installation in any location other than one's own quarters for married personnel, or

(3) on a U.S. military vessel or aircraft

is guilty of sexual impropriety and shall be punished as a court-martial shall direct.

(b) Any person subject to this chapter who—

(1) gestures, writes or speaks unwanted and persistent sexual comments, advances or demands,

(2) commits unwanted, aggressive physical contact of a sexual nature, not amounting to assault under Art. 128, or

(3) who, through action or inaction of official authority, creates, fosters, tolerates or sustains a climate of sexual oppression, intimidation, menace or violence, not amounting to cruelty or maltreatment under Art. 93, or assault under Art. 128, is guilty of sexual harassment, and shall be punished as a court-martial may direct.

(c) Any person subject to this chapter who commits an act of sexual intercourse through misuse of official authority is guilty of sexual abuse of office, and shall be punished by death or as a court-martial may direct, if committed in wartime and in a theater of operations, or otherwise as a court-martial shall direct.