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I already know an ex-Naval officer (not sure if SEAL), who's been an out & proud transgender M2F since forever - at least 20 years, I would guess? So this one isn't the first, just the first who made news. Regardless, I am glad they no longer have to hide! My friend couldn't be out until leaving the military, so at least there has been progress in that regards.
abortion argument, "when men can have babies, they can have a seat at the table."
this is why liberalism is fading.
Is this what passes for "conservative logic" these days??
For the record, I never considered Thomas Beattie to be a "pregnant man" - and I'm pretty liberal, just not a Democrat. Pregnant transgender individual, yes; but not exactly a medical miracle, considering he still had a uterus.
Don't matter. Those sodomy laws were ruled unconstitutional and are unenforceable.
(Chuckles) I hate to tell you, but between the UCMJ and the Constitution... there is a disconnect.
The UCMJ DOESN'T HAVE TO follow the Constitution rules....
I had a college prof who was one of the best teachers I ever had. Long after I was out of school 'he' became a 'she.' It changed my thinking somewhat, but I still don't get the tranny thing. I was born short, and wanted to be tall. But if there were a surgery to make me 6'4" I would say "no thanks."
It reminds me of the practice of foot-binding. It would not be for me, YMMV.
Is this what passes for "conservative logic" these days??
For the record, I never considered Thomas Beattie to be a "pregnant man" - and I'm pretty liberal, just not a Democrat. Pregnant transgender individual, yes; but not exactly a medical miracle, considering he still had a uterus.
you never considered "him" a "man?" interesting. keep proving my point though.
(Chuckles) I hate to tell you, but between the UCMJ and the Constitution... there is a disconnect.
The UCMJ DOESN'T HAVE TO follow the Constitution rules....
Example: There is no 5th amendment right.
Not sure why you're chuckling. The Court of Appeals for the Armed Forces has ruled that Lawrence v. Texas does apply to and invalidates military sodomy laws.
(Chuckles) I hate to tell you, but between the UCMJ and the Constitution... there is a disconnect.
The UCMJ DOESN'T HAVE TO follow the Constitution rules....
Example: There is no 5th amendment right.
Mmmmmmm, yes it does.
Besides, Article 31 says essentially the same thing as the 5th amendment.
Not sure why you're chuckling. The Court of Appeals for the Armed Forces has ruled that Lawrence v. Texas does apply to and invalidates military sodomy laws.
Following the decision in Lawrence, there were multiple appeals of consensual sodomy convictions in the military court system challenging the constitutionality of Art. 125. In August 2004, the military’s highest criminal court, the Court of Appeals for the Armed Forces (CAAF), ruled in United States v. Marcum that while the Lawrence decision does apply to the military, the military could still prosecute consensual sodomy if the conduct fell outside of protections provided under Lawrence, or if the conduct is prohibited because of additional factors solely relevant to the military context. In other words, CAAF determined that the military could constitutionally continue to prosecute consensual sodomy under limited circumstances. In Marcum, the court ruled that because the accused service member’s involvement was with a subordinate, his conduct was outside the constitutional protection defined by the Supreme Court and therefore his consensual sodomy conviction was correct. This ruling has resulted in confusion as to when consensual sodomy can be constitutionally punished in the military.
Non-consensual sodomy and sodomy with a minor remain fully prosecutable under Art. 125 and other UCMJ provisions.
Service members should operate under the assumption that they can be arrested and prosecuted if caught engaging in sexual activity falling within the definition of sodomy in Article 125 of the UCMJ. Convictions under Article 125 can result in up to five years in prison for each act, punitive discharge, reduction in pay and fines and forfeitures. Service members have gone to prison for violating Article 125 of the UCMJ.
Not that it matters to those of us who are out. (Unless your an officer or one who can be recalled)
I was chuckling about your ignorance on the topic (See my comment about the 5th amendment.)
The UCMJ is the criminal law that applies to military members worldwide. The authority to form the UCMJ comes from Art. I Sec. 8 of the Constitution, specifically the “ability to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations” and “to make rules for the government and regulation of land and naval forces”-USConstitution.net. The UCMJ does not follow the Constitution or civilian law on numerous issues. First, under the UCMJ some activities are considered crimes that would not be criminal for civilians like adultery, sodomy, disrespecting an officer, and fraternization (relationships between officers and enlisted or non commissioned officers and their subordinates). Penalties for certain offenses differ from the civilian judicial system. Though the Supreme Court decided in Coker v. Georgia and Kennedy v. Louisiana that the death penalty was not allowed in cases of adult or child rape, the military court has no such provisions and the death penalty is allowed in both situations. Some final differences in the UCMJ and civilian court systems are that the UCMJ does not require indictment by a grand jury and that the jury consists of all military members.
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