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Authors

Levi Bennett

Abstract

In 1993 Congress enacted a statutory ban on military service by open homosexuals. President Obama has pledged that this ban will be repealed. A variety of issues arise as a result of this planned repeal, including whether the presence of open homosexuals will have a negative impact on good order and discipline in military units. This Comment discusses these issues and argues that Congress should repeal the current ban and grant regulatory power over service by open homosexuals to the Department of Defense. This Comment also briefly discusses Article 125 of the Uniform Code of Military Justice penalizing sodomy, and argues that the Article should be modified so that it does not penalize consensual sexual acts between consenting adults regardless of sexual orientation.

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