Quote:
Originally Posted by MSD
Since Lawrence v. Texas, all sodomy laws are nullified. It's not illegal anymore.
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Not all. Article 125 of the Uniformed Code of Military Justice still forbids sodomy. The United States Court of Appeals for the Armed Forces has ruled that Lawrence v. Texas only has limited application to military members. Specifically:
1. The conduct that the accused was found guilty of committing must be found to be of a nature to bring it within the liberty interest identified by the Supreme Court
2. The conduct must not encompass any behavior or factors identified by the Supreme Court as outside the analysis in Lawrence
3. There must not be additional factors relevant solely in the military environment that affect the nature and reach of the Lawrence liberty interest
The third is rather broad, and could be interpreted in various ways. Also note, that under UCMJ, Article 125 carries a maximum punishment of Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. This is more severe than the punishment for negligent homicide, extortion, assault upon a child under 16 years, and aggravated assault other than with a loaded firearm.
Sorry for the long explanation, I take a particular interest in how Constitutional decisions affect military members.