US Military and sodomy laws
• Lesbian, Gay, Bisexual
WASHINGTON (UPI)- A military appeals court is hearing a case Tuesday that could strip anti sodomy laws from the military code of justice and extend the privacy protections mandated by the U.S. Supreme Court in June to the sex lives of military personnel. ...
At issue, Spinner says, is whether military personnel shed their constitutional protections when they don a uniform. While the military is bound by Supreme Court decisions, it has some latitude in interpretation because of its recognized interest in assuring "good order and discipline."
"Where the lines are drawn between what the government argues and what we are arguing -- nothing that distinguishes sodomy statute in the military from the comparable law that existed in Texas and some other states," Spinner told UPI. "The same rules should apply to military."
The military is expected to argue that it needs to be able to prosecute for sodomy -- oral and anal sex -- between any two partners whether same sex or even married -- to maintain order.

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