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To: Lucky Dog

I wish it were that simple, and I wish you were right, as these perverts will absolutely destroy the military with their immoral acts, but the military appellate courts have all but said that Lawrence v. Texas will control in cases of consensual sodomy. See; e.g; United States v. Marcum, 60 M.J. 198 (C.A.A.F.2004). In essence, the court came up with a complicated three part analysis in regards to sodomy within the military:

“First, was the conduct ... of a nature to bring it within the liberty identified by the Supreme Court [in Lawrence]? Second, did the conduct encompass any behavior or factors identified by the Supreme Court as outside the analysis in Lawrence? Third, are there additional factors relevant solely in the military environment that affect the nature and reach of the Lawrence liberty interest?” United States v. Hartman, 69 M.J. 467, 468 (C.A.A.F. 2011).

Marcum was convicted because he engaged in forcible sodomy. The court hinted that if it had been a prosecution for consensual non-forcible sodomy, the “liberty interest” in Lawrence would control.

The Supreme Court destroyed a lot when it handed down Lawrence. I personally don’t think much of anything in America is salvageable, absent a whole-scale change in the law.


6 posted on 09/02/2011 1:07:08 PM PDT by freedomwarrior998
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To: freedomwarrior998
I wish it were that simple, and I wish you were right...

In the past, the courts have been deferential to the power granted to Congress to regulate the military. Additionally, there has been a recognition that civilian "rights" are limited in the military environment.

I agree with your analysis that sodomy within the ranks will seriously degrade our military capability. I hope that this travesty can be stopped.
7 posted on 09/02/2011 7:10:43 PM PDT by Lucky Dog
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