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To: OldDeckHand; All
Well, first (and not to split hairs on semantics) the "military code of conduct" has nothing to do with homosexual conduct. The "code of conduct" has to do primarily with the behavior of service members in the the theater of combat, and especially upon capture by the enemy. It is an Executive Order issued by Eisenhower, and ammended by several presidents since then.

Not quite... It is military law -not presidential edict AND it has an amendment and change process that is lawfully prescribed. It can not be changed on a whim, even on a highly touted progressives homosexual sex whim.

The UCMJ is the Uniform Code of Military Justice -the Bluebook as I was taught in the US Navy. It applies to ALL military and is not limited as you suggest to for instance "theater of combat"... Its history predates the history of the country. It was not created in 1950 but revised and incorporated into federal statute following WWII (yes they had it during WWII before the fed incorporated it into USC -in fact, they had it during the revolution). Homosexual sex has ALWAYS been illegal per military law...

Anyway, we are a nation that believes in the rule of law and not the rule of man. Even in regard to the military this is so, the President, is limited to what he can and can not do, order, or change.

What some understand to be but a superficial victory falsely termed the "repeal" of a policy that actually permitted violation of the UCMJ as long as said violation was not 'officially' observed and documented is no more a victory than it is a repeal. It is meaningless propaganda trumpeted by those who promote homosexual sex acceptance by society. The running policies of our military are no more driven by public opinion and mob rule than our country is a democracy versus a republic.

IF the evil homosexual sex progressive crusade is to succeed moving forward over the good then the UCMJ has to be changed to allow homosexual sex and there is an official lawful process for doing so. An executive wave of hand does not accomplish this. The Executive implements the law e.g. the UCMJ; he does not write the law. The USA is not a totalitarian state.

I do not expect the propagandizing media to do any research and reporting on the facts here though it would be nice to see on this issue. Anything beyond the 'gay' window dressing and homosexual sex is good platitudes; however, I doubt it will happen as they are too busy celebrating this 'victory' for orifice diversity and homosexual sex justice...

Anyway, one can find at the following link, and many other places, the lawful UCMJ change process:

The History of the Military Justice System

95 posted on 01/29/2011 12:12:59 PM PST by DBeers (†)
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To: DBeers
"Not quite... It is military law -not presidential edict AND it has an amendment and change process that is lawfully prescribed. It can not be changed on a whim, even on a highly touted progressives homosexual sex whim. "

When you say "it", I'm assuming you're talking about the "Code of Conduct" (which is now officially known as the Code of the US Fighting Forces). Yes, that does have to do almost exclusively with obligations of US service members who are serving in theaters of combat, or have become captured by enemy forces. It describes how they should behave, and what information they are allowed to provide their captors. It is military law, administratively established by Executive Order issued by the President.

"The UCMJ is the Uniform Code of Military Justice -the Bluebook as I was taught in the US Navy. It applies to ALL military and is not limited as you suggest to for instance "theater of combat"..."

Right. I didn't say the UCMJ only applied to "the theater of combat". You should reread what I wrote. I was speaking specifically about the "Code of Conduct". The "Code of Conduct" and the UCMJ are entirely separate - one is administrative law established by Executive Order, and the other is statutory law.

"Homosexual sex has ALWAYS been illegal per military law... "

Yes, open homosexuality has been prohibited since the founding of the country, and has been military law. BUT, it was not part of the UCMJ until 1992. Prior to then, it was addressed only is directives established by the President, SecDef and/or service Secretaries & command. Still law, but not statutory law.

"Anyway, one can find at the following link, and many other places, the lawful UCMJ change process: "

Thank you for the link. Perhaps it will add to what I learned practicing military law as a Navy JAG for 25-years of my adult life.

97 posted on 01/29/2011 12:26:09 PM PST by OldDeckHand
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