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The Senate on Thursday evening voted 93-7 to approve a defense authorization
bill that includes a provision which not only repeals the military law on
sodomy, it also repeals the military ban on sex with animals--or bestiality.
On Nov. 15, the Senate Armed Services Committee had unanimously approved S.
1867, the National Defense Authorization Act, which includes a provision to
repeal Article 125 of the Uniform Code of Military Justice (UCMJ).
Article 125 of the UCMJ makes it illegal to engage in both sodomy with
humans and sex with animals.
It states: "(a) Any person subject to this chapter who engages in unnatural
carnal copulation with another person of the same or opposite sex or with an
animal is guilty of sodomy. Penetration, however slight, is sufficient to
complete the offense. (b) Any person found guilty of sodomy shall be
punished as a court-martial may direct.”
Family Research Council President Tony Perkins said the effort to remove
sodomy from military law stems from liberal Senate Democrats' and President
Obama’s support for removing the military’s Don’t Ask Don’t Tell policy.
“It’s all about using the military to advance this administration’s
radical social agenda,” Perkins told CNSNews.com. “Not only did they
overturn Don’t Ask Don’t Tell, but they had another problem, and that is,
under military law sodomy is illegal, just as adultery is illegal, so they
had to remove that prohibition against sodomy.”
Perkins said removing the bestiality provision may have been intentional--or
just “collateral damage”
“Well, whether it was inadvertent or not, they have also taken out the
provision against bestiality,” he said. “So now, under the Uniform Code of
Military Justice (UCMJ), there’s nothing there to prosecute bestiality."
Former Army Col. Bob Maginnis said some military lawyers have indicated that
bestiality may be prosecutable under another section of the military code
of justice – the “catch-all” Article 134 for offenses against “good
military order and discipline.”
But don't count on that, he said.
“If we have a soldier who engages in sodomy with an animal – whether a
government animal or a non-government animal – is it, in fact, a chargeable
offense under the Uniform Code? I think that’s in question,” Maginnis
told CNSNews.com.
“When the reader stops laughing, the reader needs to ask the question
whether or not this is in the best interests of the government, in the best
interests of the military and the best interests of the country? I think not
.”
He added: “Soldiers, unfortunately, like it or not, have engaged in this
type of behavior in the past. Will they in the future, if they remove this
statute? I don’t know.”
Perkins said there was no attempt to remove the UCMJ repeal provision from
the bill, which Perkins had expected the Senate to approve.
Now that it has passed, however, the Senate version will have to go to a
conference committee, and Perkins predicts there will be several sticking
points with the House.
“The House in their version of the defense authorization, reinforced the
Defense of Marriage Act, saying that there is a military DOMA as well,
prohibiting same-sex marriage on military bases – something the Department
of Defense is pushing for,” he said.
“And now this is an added concern, that sodomy has been removed, and as we
have discovered, that bestiality--the prohibition against it--has been
removed from the Uniform Code of Military Justice. So yes, the House will
have problems with this bill.” |
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