Check Your Privacy Rights at the Front Gate: Consensual Sodomy Regulation in Today's Military Following United States v. Marcum
BALTIMORE UNIV MD
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CONCLUSION The newly created Marcum Test is constitutional and, for most military members, expands their right to engage in private sexual conduct. The Court of Appeals for the Armed Forces rulings in Marcum and Stirewalt imply that the nature of the relationship between two people will form the basis for determining whether their conduct falls under the Lawrence protections. Appellate courts will uphold consensual sodomy convictions when the underlying relationship is unauthorized, while the converse will be true as well. The implications this may have on homosexual conduct has yet to be seen. If the Court of Appeals for the Armed Forces continues to follow this relationship-based path, then it would seem consensual homosexual sodomy would be proscribed and within the governments right to prosecute.
- Sociology and Law
- Military Forces and Organizations