Yesterday, March 25, 2014, the sexual rights organization, National Coalition for Sexual Freedom (NCSF) filed a "freind of the court brief" (amicus curiae) in the case of a U.S. Marine. Lance Corporal Gregory Miles was convicted of adultery, attempted sodomy and indecent conduct in a Navy-Marine Corps Court. Miles was confined for 12 months, suffered a pay reduction and a bad-conduct discharge from the Marine Corp.
NCSF argues in its brief the law of the military does not comport with U.S. Constitutional law. Dick Cunningham, NCSF's Legal Counsel who prepared and filed the brief, said, "This is an important case in which we have challenged ways in which courts have criminalized consensual sexual conduct in what we regard as direct violation of the U.S. Supreme Court's landmark sexual freedom decision in Lawrence v. Texas."
NCSF is quick in its brief that it is not siding with either the military or Miles, but is arguing that the Uniform Code of Military Justice (UCMJ) should be more consistent with U.S. Constitutional law in such cases. NCSF goes on in the brief to emphasize their beef with Miles' conviction, and those like it under the UCMJ, that the sodomy act was found to be consensual, as best anyone can tell. In Lawrence, the U.S. Supreme Court found that non-injurious consensual sex among adults cannot be criminally prosecuted simply because some may disapprove of that sexual act.
NCSF also suggests that Article 120 of the UCMJ, may be unconstitutional in the way it was used to convict Miles of committing an "indecent act".
The case stems from a 2012 evening encounter with Miles and two women on a military base in Japan. All three were intoxicated and the two women were married other members of the military. Miles admits to attempting a consensual threesome, however it was unsuccessful as he was not able to perform due to the amount of alcohol in his system.
The NCSF is a libertarian-minded sexual freedom advocacy group involved in protecting those who have been mistreated, legally or otherwise, simply for engage in consenual sexual relationships.