Reply #27: When we had the draft last that did not keep you out. [View All]

[happyslug]

All the military has to say, you in and remember while the Supreme Court has ruled State sodomy laws unconstitutional, it is still listed as a criminal act in the Uniform Code of Justice (UCMJ) and Congress will NOT change it. Thus if you commit an act of Sodomy you will be Court Martial and set to a MILITARY PRISON not a Federal Prison

Note of federal MILITARY PRISONS. YOU do NOT want to go to a Military Prison, Military Prisons unlike the Federal Civilian Prisons, are formed on the idea of Rehabilitation THROUGH DISCIPLINE AND TRAINING, i.e. making you RUN everywhere, making you do push ups, it is is Boot camp with sadistic Drill Sergeants. It is NOT a place you want to go.

As to the UCMJ sodomy section being unconstitutional just remember this the Military has to say we do not care what they do once they are out but if they are in the military we do not want anyone to have sex outside of marriage. The military can declare Sodomy (and has declared sodomy) a discipline issue and unless the issue gets to the Supreme Court, the lower Courts will uphold any conviction as violation of discipline.

The Court will have a harder time striking down the UCMJ clause of Sodomy than it had on the civilian sodomy law. The difference is you are in the Military 24/7 (24 hours a day, 7 days a week) and thus ANYTHING you do reflects on the Military. Given that the Military has a concern for DISCIPLINE, not having sex can be part of that Discipline. Thus the Sodomy section of the UCMJ is NOT anti-homosexual, but pro-discipline. I Can see the Court upholding the Sodomy Section of the UCMJ just on that ground alone.