An Air Force officer accused of adultery is arguing in military court that those charges should be dismissed because same-sex couples are exempt by definition, meaning his alleged heterosexual activities are subjecting him unfairly to discrimination under the 14th Amendment.
The novel arguments were documented in a report from the Gazette in Colorado Springs, which routinely reports on events and issues at nearby Schriever Air Force Base.
“A homosexual man or woman couldn’t commit adultery as defined,” Maj. Keith Meister, one of the lawyers defending Col. Eugene Marcus Caughey, told a recent court hearing.
He explained to Air Force Judge Col. Wes Moore that the military still defines sexual intercourse, which is a required component of an adultery conviction, as an act between a man and a woman.
“Caughey’s defense team maintains that because gay people get a pass, the charges violate the colonel’s rights under the 14th Amendment, which mandates equal protection under the law,” the Gazette said.
A report from the UCMJDefense site said Caughey’s trial is scheduled to begin Aug. 8.
He faces a variety of charges based on accusations he raped a woman in 2014 on the base, and other incidents. The various counts also include indecent photography, dereliction of duty, failure to obey a lawful order and conduct unbecoming an officer.
The report said, “Prosecutors have said he committed adultery several times, photographed his genitals while in uniform and groped several women.”
The Air Force Times said he is a former vice commander of the 50th Space Wing. The events prompting the charges date back to 2013, and the current case was launched last winter with various charges.
The military unit oversees navigation and communications satellites and Schriever earlier confirmed Caughey is a survivor of the Sept. 11 terror attack on the Pentagon.
The military is one of the last groups that still considers adultery, banned under the Judeo-Christian beliefs that were influential when the nation was founded, wrong. The state of Colorado gave up on discouraging philandering in 2013 with the repeal of its adultery laws.
The Gazette reported, however, the military considers troops’ faithfulness to their marriages is important in maintaining discipline.
The report said the prosecutor argued against the defense effort, arguing that homosexuals who violate marriage vows also can get in trouble.
Maj. Brian Mason, the prosecutor, said they could be considered in violation of the 134th Article of the UCMJ.
However, the Gazette said adultery really isn’t Coughey’s biggest problem, because the two rape counts could bring him life in prison.
Also being argued yet are evidentiary motions on several sexual assault charges as well as a request by the defense to have 14-propsective jurors – two brigadier generals and 12 colonels – fill out surveys about how well they knew Caughey and the case.
from PropagandaGuard https://propagandaguard.wordpress.com/2016/06/28/lawyer-drop-heterosexual-adultery-charge-since-gays-exempt/
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