Saturday, November 12, 2011

SLDN publishes definitive guide to military service by LGBT people, effective with 9-20 repeal; in some cases, courts-martial could actually be more likely


SLDN has published a new PDF guide “Freedom to Serve: The Definitive Guide to LGBT Military Service,” with the download link (website url) here. It was completed July 27, 2011 but SLDN says that it takes (or took) effect on Sept. 20, 2011, the date that repeal was official (and was celebrated).  This supersedes earlier publications, like the former “Survival Guide”.
The guide runs 49 pages
.
Near the end is a list of benefit unable to gay couples with one or both members in the Armed Forces because of DOMA, which is under challenge.

In some cases, paradoxically, servicemembers face a greater risk of actual courts-martial for clear violations of the UCMJ (such as “conduct unbecoming”, article 134), which under DADT might have been processed administratively.  Conduct such as hazing or teasing or ambiguous play might result in prosecution now when it wouldn’t have before.  (This point becomes a lynchpin for an incident in my novel, “Brothers”, upon which I am still working.)

Prosecutions under Article 125 (sodomy) are still possible. On  page 17, SLDN discusses the case “U.S. v. Marcum” (2004), where, right now, there is a finding that Lawrence v. Texas does not apply to the military, at least in some cases, according to the CAAF (Court of Appeals for the Armed Forces).

Lambda Legal’s page on the Marcum case is here


A court copy of the opinion is here.


Picture: from a Navy-Marines memorial at Virginia Beach, VA at 25th St. 

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