Harvard Law School Professor Noah Feldman has written a persuasive column for Bloomberg View, arguing that the time has come for the U.S. armed forces to end the criminalization of adultery. Excerpt:
Some 16 states still criminalize adultery. But those laws are, I think, unconstitutional under the Lawrence precedent. But because they are rarely or never enforced, they are unlikely to come to court.
That leaves the military’s adultery ban, which is enforced, as the logical subject of a constitutional challenge.
The military would no doubt argue that its special interests in discipline should be treated deferentially by the courts, and that adultery by uniformed personnel is especially harmful.
But those are weak and unconvincing arguments, which would be rightfully rejected in the context of gay sex. Private, consensual sexual behavior should be treated as a fundamental right that applies even to military personnel. The military doesn’t need to regulate people’s consensual sex lives to enforce discipline.What do you think: abolish or keep?