Military Legal Aid Group Urges Repeal of Sodomy Statute
Servicemembers Legal
Defense Network, March 23, 2001
For Immediate Release
Contact: Steve Ralls
(202) 328-3244, ext.116
sralls@sldn.org
Cox Commission to Announce Final Recommendations Regarding Uniform Code of
Military Justice This Summer
Washington, DC—Noting that it "undermines good order, discipline
and morale in our armed services," Servicemembers Legal Defense Network (SLDN)
urged a commissioned chaired by Judge Walter T. Cox III to recommend repeal of
Article 125 of the Uniform Code of Military Justice, decriminalizing sodomy
between consenting adults. The Commission, which held public hearings on March
13th in observance of the UCMJ’s fiftieth anniversary, will make its final
recommendations to the White House and Congress in late May or early June.
Speaking on behalf of SLDN, Sharra Greer, a staff attorney with the legal
aid and watchdog group, testified before the committee that "military
commanders should not devote scarce military resources to policing the
bedrooms of those who defend our country." Greer also noted that repeal
of the military’s sodomy statute "in no way impedes our military from
punishing other sexual misconduct, including assault, harassment or
rape."
The statute, known as Article 125, prohibits both same gender and opposite
gender oral and anal sex, regardless of whether activity is private, between
consensual adults or even between husband and wife. The penalties under
Article 125 are severe, punishable by dishonorable discharge, forfeiture of
all pay and allowances and confinement for five years. Greer noted in her
testimony that "punishment for sodomy is more severe than the punishment
for negligent homocide, extortion, assault upon a child and aggravated assault
with means other than a loaded firearm."
SLDN informed the Cox Commission that the sodomy statute is selectively
enforced and unfairly targets lesbian, gay and bisexual service members.
"It is too easy for a jilted lover or an angry roommate to bring
allegations of sodomy and end the career of a service member for engaging in
consensual sexual activity," Greer said. "Article 125 becomes the
Damocles sword hanging over every service member’s head if they cross
someone."
"Article 125 is a throwback to English common law that has long since
been abandoned by the militaries of the original NATO countries, including
Great Britain, on whose law ours relies," said Greer. "SLDN’s
experience in matters of military justice leads us to conclude that the Cox
Commission should recommend to Congress the repeal of Article 125."
The Commission is sponsored by the National Institute of Military Justice
in coordination with The George Washington University Law School. The members
of the commission, in addition to Judge Cox, are Rear Admiral John S. Jenkins,
JAGC, USN (Ret.), Senior Associate Dean at The George Washington University
Law School; Professor Mary M. Cheh, also of The George Washington University
Law School; Captain Guy R. Abbate, Jr., JAGC, USN (Ret.), senior instructor at
the Naval Justice School; and Lieutenant Colonel Frank J. Spinner, USAF
(Ret.), a private practitioner of military law.
# # #
SLDN is an independent national legal aid and watchdog organization that
assists men and women in the military who face witch hunts, death threats,
harassment and discharge under "Don’t Ask, Don’t Tell, Don’t
Pursue, Don’t Harass."
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