Homosexuality and Military Service (Merged thread)

[jmm99]

has been more my sentiments than anything else. My research on DADT has been pretty much limited to Randy Shilts (unfortunately deceased from AIDS), Conduct Unbecoming, Gays & Lesbians in the US Military (1993) - now ancient history, but a decent historical presentation.

While DADT is in the process of repeal (it's not quite immediate), Article 125:

ART. 125. SODOMY
Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration , however slight, is sufficient to complete the offense.

(b) Any person found guilty of sodomy shall be punished as a court-martial may direct.

has not been repealed - it might be, but that is not a sure thing. And, Article 134 will continue in effect; no doubt about that.

So, this (about halfway down) may happen:

Commander: Troop, it has been long suspected that you are gay.

Troop: Why yes I am a gay male.

Commander: Very good, as you know you are now allowed to serve openly in the military.

Troop: Thank you sir for bringing it to my attention, I have followed this issue very closely.

Commander: Troop I must discuss with you about sexual activities within the military as a matter of Public Health. As you know the use of condoms prevents the spread of sexual transmitted diseases. You and your partner use condoms when having sex?

Troop: Yes sir, I take the transmission of sexually transmitted diseases very seriously and always use condoms.

Commander: First Sarge[a]nt.

First Sarge[a]nt: Yes sir.

Commander: Would please advise this troop of his rights before we proceed with a Court Martial for violation of Article 125 of the UCMJ.

Troop: But sir I can serve openly in the military. What did I do wrong?

Commander: Troop you have admitted to having sex. Homosexual sex acts are still a violation of the UCMJ. This is a violation of the UCMJ article 125 and 132[134] and you will also be prosecuted for sodomy and conduct unbecoming.

BTW: An otherwise uncorroborated admission of guilt is not sufficient absent other proof of the crime; but the facts could be supplemented rather easily (the condom salvaged from the garbage plus forensics on the residues) to come up with an Article 125 charge that would hold up.

Regards

Mike