FACT SHEET
										
UNIFORM CODE OF MILITARY JUSTICE



	The Uniform Code of Military Justice (UCMJ) was 
enacted by Congress in 1950.  The UCMJ defines crimes 
and sets forth procedures for the administration of military 
justice.

	Historically, Congress has shared authority for the 
regulation of the armed forces with the President of the 
United States.  As part of this shared authority, Congress 
delegated to the President the power to prescribe 
procedures for courts-martial cases, maximum sentences 
for courts-martial, and limitations on the kind of 
punishments.

	Under this authority, the President has promulgated 
the Manual for Courts-Martial (MCM), first issued in 1951 
and most recently revised in 1984.       


RELEVANT UCMJ PROVISIONS

A.	Article 125. Sodomy.

	"(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."

	The President, in the MCM, has defined "sodomy" to 
mean oral or anal sex.  The MCM has set the maximum 
punishment as dishonorable discharge, forfeiture of all pay 
and allowances, and imprisonment for 5 years.

	In practice, Article 125 has been used by the military 
to prosecute nonconsensual heterosexual sodomy or 
heterosexual sodomy with other aggravating circumstances 
(e.g., with a minor).  By contrast, Article 125 has been used 
to prosecute consensual homosexual sodomy between 
adults. 


B.	Article 133. Conduct Unbecoming an Officer and a 
Gentleman.

	"Any commissioned officer, cadet, or midshipman 
who is convicted of conduct unbecoming an officer and a 
gentleman shall be punished as a court-martial may direct."  

C.	Article 134. General Article.

	" ... all disorders and neglects to the armed forces, all 
conduct of a nature to bring discredit upon the armed 
forces ... shall be punished at the discretion of that court."

	Both Articles 133 and 134 are general catch-all 
provisions that are used to punish actions that are not 
crimes under other articles of the UCMJ, but which are 
deemed to be "prejudicial to the good order" of the 
military.  Various "sexual misconduct" cases, such as 
adultery, have been prosecuted under these articles.    


ANALYSIS

	Repeal of the military ban against gay 
servicemembers will not necessarily require any revision to 
the UCMJ, although such revision would of course be 
helpful.  Article 125 applies evenhandedly regardless of the 
sexual orientation of the accused person.  The military's 
enforcement of Article 125, however, would have to be 
modified so that the provision was evenly applied to all 
violations, regardless of sexual orientation.  The military 
could easily use the approach it has used over the years 
with regard to heterosexual sodomy: i.e., prosecutors 
essentially choose not to pursue cases of consensual sex 
between adults.  The military can continue this approach 
with regard to both gay and straight sex. 

	Articles 133 and 134 also apply evenhandedly, on 
their face, to both gay and straight servicemembers.  
Acceptance of openly gay service members by order of the 
Commander-in-Chief would eliminate any claim that gay 
people engage in conduct unbecoming an officer or that 
they bring discredit upon the armed forces.  Other sexual 
conduct issues, from prohibitions against fraternization to 
limitations on public displays of affection, can and should 
be applied evenly to gay and straight people under these 
Articles.


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Prepared by the Legal/Policy Department of the Campaign 
for Military Service.   2707 Massachussetts Ave, NW   
Washington, DC 20009.  (202) 265-6666.