More 2008 Hopefuls Call for End to Sodomy Ban

We told you earlier this week that Democratic Senator and presidential candidate Barack Obama declared his support for repeal of Article 125, the military's ban on consensual sodomy. At the time, Obama joined Dennis Kucinich, Christopher Dodd, Joe Biden and Mike Gravel in calling for an end to the law.

Today, Gay City News reports that two other candidates in the '08 field have also indicated their support for repealing Article 125:

"In the wake of Gay City News' story last week reporting that four of the Democratic presidential hopefuls had gone on the record in opposition to the ban on sodomy in the Uniform Code of Military Justice, the party's current frontrunners, Illinois Senator Barack Obama, New York Senator Hillary Rodham Clinton, and former North Carolina Senator John Edwards told this newspaper that they too believe the policy must change.

Seven of the eight contenders for the 2008 Democratic presidential nomination have in the past two weeks stepped up in support of the privacy rights of gay military personnel."

The paper goes on to report that, "Jin Chon, a Clinton campaign spokesperson, wrote, also via e-mail, 'During Senator Clinton's recent remarks to the Human Rights Campaign, she agreed with Justice [Anthony] Kennedy, who wrote in Lawrence v. Texas, that 'times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.' Therefore, Sen. Clinton believes that the Lawrence decision should be extended to the military as well.'

An April 18 e-mail from Kate Bedingfield, an Edwards spokeswoman, stated that the 2004 vice presidential nominee 'believes that the treatment of all service members should be based on their role in maintaining national security, not their sexual orientation. The Uniform Code of Military Justice should conform to the Supreme Court's decision in Lawrence v. Texas.'"

New Mexico Governor Bill Richardson, according to Gay City News, did not directly answer questions about the sodomy provision.

Among Republicans, only two candidates, Tom Tancredo and John McCain, responded to the sodomy question. Both indicated they support keeping the law as-is.

Full coverage from Gay City News is online here.

- Steve Ralls

Obama: Drop Military Sodomy Ban

Illinois Senator (and 2008 Democratic presidential candidate) Barack Obama has gone on the record opposing Article 125, the military's ban on sodomy.

In response to a Gay City News article last week, Senator Obama's campaign now says he opposes the sodomy ban. The paper says it will publish an update to its original story, reflecting Obama's position, in its next issue, on April 19th. The Senator joins Christopher Dodd, Dennis Kucinich, Joe Biden and Mike Gravel in opposing the ban.

In an earlier post, SLDN staff attorney Aaron Tax pointed out that "One unforeseen consequence of the ban is that because of the threat of consensual sodomy prosecutions hanging over service members’ heads, when two service members are alleged to have engaged in consensual sodomy, there is an incentive for at least one to cooperate with the prosecution and claim the activity was nonconsensual. As a result, it is easier to convict at least one of the parties, resulting in service members, guilty of nothing more than engaging in consensual sodomy, being sent to prison."

In wake of the Supreme Court's 2003 decision in Lawrence v. Texas, the constitutionality of the military's ban has been in question. Senator Joe Biden's campaign has said that "the Supreme Court's clear and unmistakable view in Lawrence that the sex lives of consenting adults are a private matter... [and that should] apply to every American, both civilian and military."

Gay City News reports that, as of this morning, neither the Clinton nor Edwards campaigns have responded to questions regarding those candidates' positions.

- Steve Ralls

Soccer Moms and Article 125

Not that I want to think about any of the leading presidential candidates engaging in sodomy… It’s at least an issue they should be talking about.

Gay City News has reported that of the 8 Democratic presidential candidates who have all spoke out against “Don’t Ask, Don’t Tell,” only four have spoken out against the sodomy ban, found in Article 125 of the Uniform Code of Military Justice (UCMJ).

Why is the sodomy ban an important issue?

The military currently defines sodomy as any type of sex other than the missionary position. Service members are still – to this day - prosecuted under Article 125. In fact, it appears that more straight service members are prosecuted than gay service members.

The ban on sodomy is outdated and unnecessary.

One unforeseen consequence of the ban is that because of the threat of consensual sodomy prosecutions hanging over service members’ heads, when two service members are alleged to have engaged in consensual sodomy, there is an incentive for at least one to cooperate with the prosecution and claim the activity was nonconsensual. As a result, it is easier to convict at least one of the parties, resulting in service members, guilty of nothing more than engaging in consensual sodomy, being sent to prison.

In addition, prosecutors already have other tools at their disposal under the UCMJ when they need to hold people accountable for illicit activities – such as assault, rape, or taking advantage of a minor.

On first blush, it might seem like too much to expect any candidate to go out on a limb for the right of consenting service members to engage sodomy. As far as I know, soccer moms haven’t placed service-member-sodomy at the top of their list of burning campaign issues. Even so, the Gay City News article reported that Senator Joe Biden's campaign has said that "the Supreme Court's clear and unmistakable view in Lawrence that the sex lives of consenting adults are a private matter... [and that should] apply to every American, both civilian and military." Likewise, the Dodd campaign wrote that the senator believes "every American has the right to privacy and that should be extended to members of the military."

What consenting adults do in their own bedroom should be their own business. The Supreme Court recognized this right in Lawrence.

When framed more globally, as a privacy issue, as a civil rights issue, and as an issued of fundamental fairness, even soccer moms should be supportive of efforts to lift the sodomy ban.

- Aaron Tax