Military Since 2003
As for the U.S. Armed Forces, the Court of Appeals for the Armed Forces has ruled that the Lawrence v. Texas decision applies to Article 125, severely narrowing the previous ban on sodomy. In both United States v. Stirewalt and United States v. Marcum, the court ruled that the "conduct falls within the liberty interest identified by the Supreme Court," but went on to say that despite the application of Lawrence to the military, Article 125 can still be upheld in cases where there are "factors unique to the military environment" that would place the conduct "outside any protected liberty interest recognized in Lawrence." Examples of such factors include rape, fraternization, public sexual behavior, or any other factors that would adversely affect good order and discipline. Convictions for consensual sodomy have been overturned in military courts under Lawrence in both United States v. Meno and United States v. Bullock.
Read more about this topic: Sodomy Laws In The United States
Famous quotes containing the word military:
“In early times every sort of advantage tends to become a military advantage; such is the best way, then, to keep it alive. But the Jewish advantage never did so; beginning in religion, contrary to a thousand analogies, it remained religious. For that we care for them; from that have issued endless consequences.”
—Walter Bagehot (1826–1877)