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Obama says to military: drop the sodomy ban

Steve at The Frontlines notes that 2008 presidential candidate Barack Obama has joined Christopher Dodd, Dennis Kucinich, Joe Biden and Mike Gravel in opposing the current ban on sodomy in the military (Article 125 in the UCMJ), which allows servicemembers to be convicted of consensual sexual relations.

In an earlier post, SLDN staff attorney Aaron Tax pointed out that “One unforeseen consequence of the ban is that because of the threat of consensual sodomy prosecutions hanging over service members’ heads, when two service members are alleged to have engaged in consensual sodomy, there is an incentive for at least one to cooperate with the prosecution and claim the activity was nonconsensual. As a result, it is easier to convict at least one of the parties, resulting in service members, guilty of nothing more than engaging in consensual sodomy, being sent to prison.”

Giving the 2003 U.S. Supreme Court decision  Lawrence v. Texas, this ban really needs to be challenged – private consensual acts have no bearing on the ability of anyone to serve in the military — this military rule also applies to opposite-sex sodomy — and how often do you think that is prosecuted?

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Pam Spaulding

Pam Spaulding

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