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Front
April 29, 2005
Serving the Carolinas For Over 25 Years!
Volume 26, Number 9
Pentagon Conflicted on Sodomy
By Bob Roehr
Contributing Writer
Pentagon lawyers are proposing to change the mil
itary' s sodomy statutes to bring them more in line
with current civilian laws and die Supreme Court's
gzUU3 decision that threw
|f»ut state sodomy laws,
According to an April 21
account in the New York
Times.
But the ink had barely
dried on the newsprint
before the military back
tracked. Responding to a
question at a regular
Pentagon briefing,
spokesman Lawrence
DiRita said that consen
sual sodomy will "con
tinue to be a crime" as it
is a threat to "good order
and discipline" within
the armed forces.
According to the initial
article, lawyers in the
office of the general coun
sel were proposing
changes in Article 125 of
the Uniform Code of
Military Justice (UCMJ)
that would decriminalize
consensual sex. Acts with
minors and those involv
ing force would remain
Sharra Greer
illegal.
Joe O’ Neil
Those modifications
mirror changes in society,
civil law, and the Supreme Court's decision in
Lawrence v. Texas. They also are in line with recom
mendations made by a panel of senior retired military
lawyers in 2001.
They would have to be implemented by act of
Congress, which generally adopts changes in regula
tions that the Pentagon puts forward.
Most have seen those provisions of the UCMJ as a
serious impediment to gays serving in the military as
they maintain the presumption of engaging in illegal
acts. While Article 125 applies to both heterosexuals
and homosexuals, it has been applied selectively and
generally in a discretionary manner against gays.
Sharra E. Greer, director of law and policy for the
Servicemembers Legal Defense Network (SLDN),
said the recommended changes came after two years
of study by military lawyers. They also reflect the fact
that military courts of appeal have overturned two
consensual sodomy convictions in light of the
Lawrence ruling.
There is a suggestion that the Pentagon's reversal,
as expressed by DiRita, represents a triumph of polit
ical considerations over matters of law, at least for the
short term.
"Pentagon leaders cannot run and hide from the
Constitution," Greer said. "If they truly believe that
they can ignore the Lawrence decision and that the
prohibition on consensual sodomy remains valid,
they must be asked: Why did they recommend that
Congress repeal that prohibition if they remain confi
dent that it is legal and constitutional?"
Momentum continues to build for repeal of "Don't
Ask, Don't Tell," the antigay policy that precludes
gays and lesbians from serving openly in the military.
The story of Robert Stout, 23, an Army sergeant
wounded in Iraq and awarded the Purple Heart, has
drawn extensive coverage in the media. He acknowl
Gay Soldier
Wounded in
Iraq Wants to
Serve Openly
By Malia Rulon
Associated Press Writer
WASHINGTON (AP) — An Army sergeant from
Ohio who was wounded in Iraq wants a chance to
remain in the military as an openly gay soldier, a
desire that’s bringing him into conflict with the
Pentagon's "don't ask, don't tejjljtolicy. „
Sgt. Robert Stout, 23, says^ne has not enoatap
tered trouble from fellow soldiers, and would like
to stay if not for the policy that permits gay men
and women to serve only if they keep their sexual
orientation a secret. - >
"I know a ton of gay men that wouikl be more
than willing to stay in the Army i£ they could just
be open,” Stout said in an interviety wifh The
Associated Press. ... <
"But if we have to stay here and hide our lives all
the time, it's just not worth it.”' " T
Stout, of Utica in Licking County, was awarded
the Purple Heart after a grenade sent pieces of
shrapnel into his arm, face and legs while he was
operating a machine gun on an armored Humvee
last May.
He is believed to be the first gay soldier wound
ed in Iraq to publicly discuss his sexuality, said
Aaron Belkin, director of the Center for the Study
of Sexual Minorities in the Military at the
University of Califomia-Santa Barbara.
"We can't keep hiding the fact that there’s gay peo
•Sv ’■ ■
continued on page 10
----
edges that he is gay and wants to continue to serve but
he faces the threat of being jailed and discharged from
the Army for having said that he is gay.
This has prompted many newspapers to write edi
torials calling for repeal of the policy. Among them are
the usual suspects of the Washington Post and New
York Tunes, but also some unexpected publications,
such as the Charleston Gazette in West Virginia.
The California State Senate has gone on record as
favoring repeal.
This is the first time that a state legislative body has
done so.
Army Sgt. Robert Stout, Stout shows his Purple
Heart and Certificate. Stout, a decorated soldier
who was wounded in Iraq, is campaigning for
the chance to serve as an openly gay soldier in
the military. Stout, 23, says he would re-enlist in
the military if it wasn't for the "Don't Ask, Don't
Tell" policy, which permits gay men and women
to serve in the armed forces if they keep their
sexual orientation to themselves and abstain
from gay activity.
AP Photo/Courtesy of Robert Stout
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