Sexual Orientation and Military Service

[MMI]

I have a question. What is the official position on heterosexuals? Now that women are serving on board ship and in the Army, how do they deal with relationships that grow up between male and female?

[DuncanONeil]

UCMJ Article 120

I have a question. What is the official position on heterosexuals? Now that women are serving on board ship and in the Army, how do they deal with relationships that grow up between male and female?

[DuncanONeil]

I have a question. What is the official position on heterosexuals? Now that women are serving on board ship and in the Army, how do they deal with relationships that grow up between male and female?

There are several things that can be done all fall under Article 134 of the UCMJ. This is a very ambiguous articles. It is considered to be the "catch all" article. For things considered to be "prejudicial to good order and discipline"

Article 134. General article:
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Example; Cohabitation, Wrongful
"See Paragraph 60 (Article 134 - General Article).
Elements.

(1) That, during a certain period of time, the accused and another person openly and publicly lived together as husband and wife, holding themselves out as such;

(2) That the other person was not the spouse of the accused;

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation. This offense differs from adultery (see paragraph 62) in that it is not necessary to prove that one of the partners was married or that sexual intercourse took place. Public knowledge of the wrongfulness of the relationship is not required, but the partners must behave in a manner, as exhibited by conduct or language, that leads others to believe that a martial relationship exists.

Lesser included offense. Article 80—attempts

Maximum punishment. Confinement for 4 months and forfeiture of two-thirds pay per month for 4 months.

Or; Indecent Acts With Another
See Paragraph 60 (Article 134 - General Article).
Elements.

(1) That the accused committed a certain wrongful act with a certain person;

(2) That the act was indecent; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation. “Indecent” signifies that form of immorality relating to sexual impurity which is not only grossly vulgar, obscene, and repugnant to common propriety, but tends to excite lust and deprave the morals with respect to sexual relations.

Lesser included offenses. Article 80—attempts

Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years."

Some offenses formerly adjudicated under Article 34 have been moved to Article 120, a much more punitive Article as it is based on events such as rape.

[IAN 2411]

It seems that i overlooked this when writing my previous posts, the Laws have now been changed.






British Army Gay
Recruitment Drive Launched
By Jonathan Leake and Philip Cardy
The Sunday Times - UK
8-27-5

The army came out in style this weekend when it launched a recruitment drive aimed at tempting more gays, lesbians, transvestites and even transsexuals into the ranks.

It set up a recruitment stall at the Gay Pride festival in Manchester, backing its new-found commitment to homosexual rights by sending 10 gay and lesbian soldiers in combat trousers and tight T-shirts to join thousands of marchers on a five-mile parade through the city.

They strode out behind a float put together by the RAF, which was also recruiting. Themed on a fighter jet, it featured an oversized cockpit and a banner proudly proclaiming, "RAF rise above the rest".

At the stall, the men in uniform, complete with medals, mingled with eager would-be recruits, one dressed in tight leather shorts and a pink cowboy hat.

It was the first time the army had actively tried to recruit from such groups. It says it simply wants to tap into the talents of the gay population.

Lieutenant-Colonel Leanda Pitt, commander of regional recruiting in the northwest, said: "It is such a massive event in the Manchester calendar that we can't afford not to attend. As far as the army is concerned, sexual orientation is a private matter."

For campaigners, however, the sight of gay soldiers on parade was more reminiscent of a victory march.

It was only because gay rights groups such as Stonewall went to the European Court of Human Rights in 1999 that the Ministry of Defence was forced to lift its long-standing ban on homosexuality in the services.

Yesterday Ben Summerskill, chief executive of Stonewall, welcomed the military presence at the Gay Pride march. He said: "The army is now beginning to realise that even at infantry level there are very good, tough lesbians and gay men who are capable of serving very competently. There is a huge pool of talented lesbian and gay people out there who want to serve their country."

This weekend, the MoD confirmed the new policy also applied to transvestites and transsexuals. A spokesman said: "People's sexual orientation is none of our business. We have a code of social conduct that everyone has to follow whatever their preference."

The RAF became the first of the armed forces to take part in a Gay Pride festival when it joined the same Manchester march last year.

The police have allowed uniformed officers to take part in such events since 2003. Yesterday there were contingents from three forces - Greater Manchester, Cheshire and North Yorkshire.

While the march continued, the army's recruiting stand did brisk business. The officers manning it were dressed in full military regalia, but were easily outdone by their would-be recruits: one sported a pair of red devil horns and a cape.

Captain Guy Sutcliffe said hundreds of people had taken leaflets and many more were expected to visit before the festival ends tomorrow.

He said: "We are actively recruiting anyone. We reflect society irrespective of sexuality, gender or religion." Sutcliffe said the army had 'no idea' how many gay soldiers there were within its ranks. "It's not relevant," he said. "It's not something we monitor."

Such attitudes mark a huge change within the forces. Recruitment of non-heterosexuals has only been permitted since 1999 when the European court ruled the ban on gays was against the law.

Since then, the RAF has led the way in promoting diversity. It attended last year's Manchester Gay Pride and a similar event in Brighton this year, and has also supported transsexual officers seeking sex-change treatment.

In 2000 Flight Lieutenant Eric Cookson became Flight Lieutenant Caroline Paige and last year two squadron leaders applied to have £32,000 sex-change operations and now fly as women.

Warrant Officer Lutha Magloire, 39, of the Logistic Corps, who organised the soldiers, contingent, said he had asked for 10 recruits " and got 30 volunteers. "We don't really care what sexual orientation you are if you want to come and join us in the army."

Regards ian2411