Sodomy Still Illegal in US Military
365Gay.com,
March 24, 2001
By Paul Johnson
Washington, DC — Oral sex continues to be grounds
for a dishonorable discharge from the US military. A commission examining the
Uniform Code of Military Justice has been told the regulation is out of step
with American morals.
Noting that it "undermines good order, discipline and morale in our
armed services," Servicemembers Legal Defense Network (SLDN) urged the
commission, chaired by Judge Walter T. Cox III to recommend repeal of Article
125 and decriminalize sodomy between consenting adults. The Commission 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 homicide, 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."
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