TALKING POINTS:  UNIFORM CODE OF MILITARY JUSTICE


* Article 125 of the Uniform Code of Military
Justice (UCMJ) prohibits consensual "unnatural
carnal copulation" between members of the opposite
or same sex.


* Under the Manual for Courts-Martial (MCM), the
President has defined "unnatural carnal copulation"
to include oral and anal sex between members of the
opposite or same sex.


* Modern studies show that between 90-93% of
American heterosexual couples engage in oral sex and
that a high percentage of both men and women engage
in forms of anal stimulation.


* If the current regulations were enforced as
written, the vast majority of servicemembers would
be subject to prosecution and could face discharge,
lost pay and allowances and up to five years
confinement.


* In reality, Article 125 is not uniformly enforced. 
In general, Article 125 has been used to prosecute
nonconsensual heterosexual sodomy, or heterosexual
sodomy with other aggravating circumstances (e.g.,
with a minor), while the Article has been used to
prosecute consensual homosexual sodomy.


* Repeal of the gay ban will not require any change
or revision of either the UCMJ or the MCM.


* The military's enforcement of Article 125,
however, must be modified so that the provision is
evenly applied to all violations.  The military can
use the approach it has used over the years with
regard to heterosexual sodomy:  i.e., prosecutors
essentially choose not to pursue most cases of
consensual oral or anal sex, when no aggravating
circumstances are present.