Sexual Orientation and Military Service

[DuncanONeil]

Not quite! The act of sex alone is insufficient.

"(O)ne of the Court of Military Appeals' earliest decisions observed, "It is true, as urged by appellate defense counsel, that fornication, in the absence of aggravating circumstances, has been held not to be an offense under military law. United States v. Ord, 2 CMR(AF) 84. This is consistent with the view expressed earlier herein that Congress has not intended by Article 134 and its statutory predecessors to regulate the wholly private moral conduct of an individual." United States v. Snyder, 1 C.M.A. 423, 427, 4 C.M.R. 15, 19 (1952). Later in the same paragraph, CMA noted that "simple fornication is not an offense cognizable under military law." Id.

Chief Judge Everett has provided this helpful synopsis of the law governing fornication in the military:

In summary, the treatment of adultery and fornication in military law seems to be this: (a) two persons are guilty of adultery whenever they engage in illicit sexual intercourse if either of them is married to a third person; (b) if unmarried, they are guilty of fornication whenever they engage in illicit sexual intercourse under circumstances in which the conduct is not strictly private; and (c) private sexual intercourse between unmarried persons is not punishable." (http://caaflog.blogspot.com/2007/09/...itary-law.html)

United States v. Izquierdo, 51 MJ 421(fornication, committed openly and notoriously, is an aggravating circumstance sufficient to state an offense under Article 134, UCMJ).

(as an indecent act under Article 134, UCMJ, fornication is open and notorious, flagrant, and discrediting to the military service if committed in the actual presence of others, when the participants know that a third person is present, or under circumstances where it is reasonable likely that others will view the act).

(evidence was legally sufficient to show that fornication was open and notorious where, although appellant hung a sheet between beds, two of appellant’s roommates were present during the fornication and both were suspicious of the activity behind the sheet).
(evidence was not legally sufficient to show that fornication was open and notorious where intercourse took place behind closed barracks room door and nobody else was present in the room).

I don't know Duncun, more than a few of my friends that are in the service have told me, that if they get cuaght doing it with anyone else in thier command in the field or at sea, on even on base property in some cases; that there are consequences, even if its on shore leave or off post sometimes.

More often than not they go after the woman alone and eaither don't penalize the male or have far less harsher penalty enforced, and regardless of rank or duty assignment if it's relations with the same sex, its over they are going to be kicked out of the service period.