Senate Passes Bill That Repeals Sodomy Laws in Uniform Military Code of
But Removed From Final Bill!
Summary of the eRumor: A forwarded email that
contains an article that says that the U.S. Senate unanimously approved
S. 1867, the National Defense Authorization Act, which has a provision
that repeals Article 125 of the Uniform Code of Military Justice.
This is the part of military law that defines and bans sodomy.
The Truth: The U.S. Senate approved the
National Defense Authorization Act, S. 1867 on December 1, 2011 by of
vote of 93 to 7. There was a provision in the bill that repealed
Article 125 of the Uniform Code of Military Justice on page 174 of the
bill. It said, "REPEAL OF SODOMY ARTICLE.—Section 925 of such title
(article 125 of the Uniform Code of Military Justice) is repealed."
The National Defense Authorization Act of 2012 is a 565 page long and
confusing bill, which was sent to a conference committee to work out the differences between the Senate bill S. 1867
and the House Bill, HR-1540 before presenting it to the
President for the final step in the legislative process.
That final version of the bill does not contain the repeal of Article
125 of the Uniform Code of Military Justice.
Text and status of the
bill can be found at the Thomas Library of Congress web site:
Another rumor about
this bill has been circulating the Internet alleging that it ends the
Bill of Rights for citizens in the U.S.
Click here for our findings.
A real example of the eRumor as it has
appeared on the Internet:
Senate Approves Bill that Legalizes
Sodomy and Bestiality in U.S. Military
By Pete Winn
December 1, 2011
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Family Research Council President Tony
Perkins. (AP photo)
(CNSNews.com) – (Updated) 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
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
“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
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
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.”