National Defense Authorization Act: Pentagon Defends Sodomy Rule Change

WASHINGTON -- The Pentagon says sex with animals would still be illegal even if Congress repeals a military rule on sodomy.

Conservative groups are upset over a proposed change in the defense bill that would eliminate Article 125 of the Uniform Code of Military Justice. The code states that any person who engages in "unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy." Those found guilty of sodomy would be subject to court martial.

The Pentagon said in a statement Friday that all animal abuse, including bestiality, would be considered "prejudicial to good order and discipline" and covered by another section of the military code. Court martial would still be in order.

Comments

[OU]

08:10 PM on 01/07/2012

WTF? RLY? Would truthfully like to READ some Info. on which HOW the people/humankind can progress FORWARD

[pavementends42]

03:10 PM on 12/21/2011

Everyone of legal expertise that I've read on the topic said that the explicit language allowing American citizens to be detained indefinitely without trial was replaced with an 'agnostic' take on the situation. Essentially, the detention of US citizens on the specified grounds would still be subject to current federal law and precedent. That said, the obsolete and mostly unused (except in cases against DADT violators) sodomy rules were removed to finalize the DADT repeal. It said that anyone, gay or straight, proven to participate in anything other than missionary could be subject to the courts martial... is anyone really upset about its removal?

[64tbird390]

04:39 PM on 12/15/2011

You are saying that this is part of the bill. What are your sources for this?

[Jason Aaron Williams]

08:12 PM on 12/09/2011

This is just another way of saying Gays are not allowed in. By making Sodomy illegal did they not learn that DADT did not work and was proven to be illegal so now they are tyring to get around that. That all this law is is trying to get around the fact they can not enforce DADT

[64tbird390]

04:45 PM on 12/15/2011

Dude, did you not get that it is saying SODOMY with anybody(opposite or same sex) or animals is illegal? So get over yourself and don't overreact.

[MizLiz]

05:45 PM on 12/09/2011

Aw, fellas, guess your girlfriends don't have to do BJ's any more....LOL

[64tbird390]

04:42 PM on 12/15/2011

And I'm sure you guys would be for that. lol.

[Inis Magrath]

04:14 PM on 12/09/2011

Of course sex with animals will still be illegal.

The repeal of Article 125 from the UCMJ will not make that crime "legal" for members of the military. Any Federal crime is still a crime under the UCMJ -- even if it isn't specifically listed. Do you really think the entire U.S. Criminal Code is duplicated in the UCMJ, or if it isn't that those crimes left out are now "legal" for military members? Of course not.

Relax. The Republic is safe.

[martinchill]

05:58 PM on 12/09/2011

section 1031 and forgetting habeas corpus is okay, too, hey?

[Glenn Stephens]

08:01 PM on 12/09/2011

Any lawyers out there who have an opinion on the limited issue of whether the bill applies to Americans?

I took two statutory drafting courses in law school (got a Prosser in one!). I have examined the NDAA's detention sections in both HR 5041 and S 1687 and believe those sections expressly exclude American citizens. See for example, Section 1031(a) and 1032(b).

http://thomas.loc.gov/cgi-bin/​query/​D?c112%3A2%3A.%2Ftemp%2F%7Ec112​iX9xsV::

[64tbird390]

04:50 PM on 12/15/2011

I'm sure animals everywhere are breathing a sigh of relief. Geez, that shouldn't need to be spelled out somewhere that it is illegal to sodomize animals.

[CSKAP]

03:41 PM on 12/09/2011

Thank goodness the UCMJ is being changed. Little known fact but under the current rules, ALL oral sex including male/female and married couples is unlawful.
I spent 30 years in the Navy hiding the crime my wife and I committed.