Law

Adultery Is None of the Military's Business

The armed services should recognize that consensual sexual behavior is a fundamental right.

I don't know but I've been told...

Photographer: Paul J. Richards

Is the military’s law making adultery a crime unconstitutional? So says a colonel who’s been charged with violating it. His motives aren’t great -- he’s trying to deflect attention from more serious charges, including rape. But he may be right. The law arguably discriminates by criminalizing only heterosexual adultery. And even if that vestigial aspect of the law could be fixed, there’s another problem: the anti-adultery law violates the fundamental right of privacy, which should extend even to armed-forces personnel, whose constitutional rights are limited by military necessity.

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