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Thursday, April 21, 2005 9:33 a.m. EDT

Pentagon Mulls Changing Sodomy Definition

The Pentagon is considering a legal change to its definition of sodomy.

"The office of the general counsel at the Pentagon has proposed decriminalizing consensual sodomy among adults, a change to its 55-year-old policy on sodomy that would bring the military legal code more in line with laws that govern civilians, according to a memorandum sent to Congress," the New York Times reported Thursday.

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Under current military code, sodomy is labeled criminal and defined as "'unnatural carnal copulation with another person of the same or opposite sex,' even with mutual consent."

The general counsel's memorandum proposes changing criminal sodomy to include only sex acts with a person under 16 years of age or acts "committed by force."

The paper said that "recent rulings by the Supreme Court and the United States Court of Criminal Appeals for the Armed Forces have raised questions about the constitutionality of the military's ban on consensual sodomy."

The policy would not change the military's rules against gays and lesbians in the armed forces.

The Times said changes in the Pentagon sodomy policy will be a topic at today's hearing before the armed forces personnel subcommittee in the House.

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