Wednesday, March 3, 2021

First to go over the side was flogging, then bread and water and loss of numbers; is this next?

Commander Michele V. Rosen of the U.S. Navy JAG Corps, writing here for Military.com, urges Congress to jettison the "and a gentleman" language of Art. 133, UCMJ. Excerpt:

The solution is remarkably simple. There are many outstanding challenges to ensure women are serving on equal footing that require resources, time and money (i.e., female berthing on ships, equipment, etc.). Removing "gentleman" requires none of those things. Amending Article 133 is an easy, low-hanging opportunity to recognize the true makeup of the force and remove an outdated vestige of the past.

The numerous (pseudonymous) and overwhelmingly snide comments that follow Commander Rosen's article are awash in hatred and misogyny. No gentleman would have written them.

One quibble: the Navy was not subject to the 1806 Articles of War. Not until 1951, following Congress's enactment of the UCMJ in 1950, were all armed forces brought under a single disciplinary system.

3 comments:

  1. Never considered this before, but it seems like a female officer charged under Art. 133 could make a non-frivolous argument the code provision doesn't apply to her.

    ReplyDelete
  2. Josh: I disagree that this would be non-frivolous. See 1 USC 1 ("words importing the masculine gender include the feminine as well")

    ReplyDelete

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