The NeW SoldieR

The ACLU hails:
Victory! Supreme Court Decision Striking Down Anti-Sodomy Law Applied in Army Case
Highest Army Court of Criminal Appeals Rules UCMJ Article 125 Unconstitutional as Applied to Case Where Action was Consensual and in Locked Barracks Room

Right of Privacy Bars Prosecution When Sodomy Was Consensual and in Locked Barracks Room

"The U.S. Army Court of Criminal Appeals ruled in an unpublished opinion issued per curiam that a male army private could not be convicted of sodomy, as prohibited by Article 125 of the Uniform Code of Military Justice (UCMJ), when he engaged in consensual conduct with a female private in his locked room in his barracks. The court rejected the Army's claim that because the soldier's two roommates also had keys to the room, the soldier's room was not "private."


By its terms, the UCMJ makes sodomy a crime, even if the conduct (oral sex, for example) is consensual, occurs between men and women, or even involves married partners. The ACLU filed amicus briefs in several miliary sodomy cases following the Supreme Court's decision in Lawrence v. Texas , recognizing “an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex.”

The Army Court of Appeals agreed, noting that the Supreme Court restated, "‘It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter.'" (quoting Planned Parenthood of Southeastern Pa. v. Casey).

The army appellate body concluded, "'The [Supreme] Court held that two adults who engage in private, intimate, consensual, sexual behavior are 'entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without the intervention of the government.'"

Lawrence involved conduct between two gay men, but the privacy principles of the case apply with equal force to nongay people."



Oh so Lawrence just happened to be homosexual is that it?
Minor, insignificant detail according the ACLU?

Which brings me to the my next point. Some actually join the Military with the wrong motives.
Sometimes they are troubled, unemployed, young men simply seeking to get away from home.

Recruitment slogans sometimes seduce recruits with how much money an enlistee can earn towards his college education.

Not to mention enlistment bonuses, free medical care, commissary and exchange shopping privileges, the retirement program, and the future "veterans preference" which may help one get that government job after retirement.

Oh, and do not underestimate the rush of using powerful weapons.

The "pride and prestige" that comes with the territory. Just the slogans alone can instill a feeling of grandeur.
"The few, the proud, the Marines".



Do not misunderstand me. As someone who has been blessed to work with soldiers returning from Iraq, I have not seen young people who are more patriotic,and loyal Americans.

Some of them live the credo: "Ask not what your country can do for you, but what you can do for your country."

But then along comes : Lawrence v. Texas
a homosexual male army private fighting for his right to engage in sodomy with another male, in his barracks.

Is this request appalling or even shocking to anyone anymore? I daresay not.

Because soldiers carry weapons and are expected to lay down their life for their country, it would be reasonable to expect them to have a fair amount of self-control, would it not?

Unfortunately, the opposite is oftentimes the reality.
One must be able to work through his own past traumas and put them into perspective before he can reasonably be expected to exercise self control. Do you think most young men in the military are capable of this?
Ironically, Military men oftentimes display a lack of control in certain arenas. They are encouraged to engage in excess in many ways, smoking, drinking and sexual promiscuity. On some military installations, soldiers are actually given condoms.
Of course they claime the condoms are meant as a safety measure to prevent against dangerous venereal diseases, but we all the know the underlying message being sent.
Be as promiscuous as you want, just don't get syphilis.

And so another stunning Victory for the ACLU.
At one point in history these homosexual men would have disappeared into deserved oblivion - but thanks to the ACLU, they are our new role-models fighting for Truth, Justice and The American Way.


This was a production of Stop The ACLU Blogburst. If you would like to join us, please email Jay at Jay@stoptheaclu.com or Gribbit at GribbitR@gmail.com. You will be added to our mailing list and blogroll. Over 150 blogs already on-board


See Stop The ACLU for latest updates.