United States v. Fagg

Opinion of the Court

COX, Judge:

This case is a companion to United States v. Henderson, 34 MJ 174 (CMA 1992), also decided this day. As in Henderson, the issues before us concern the constitutionality of Article 125(a), Uniform Code of Military Justice, 10 USC § 925(a), which proscribes “sodomy,” statutorily defined as “unnatural carnal copulation with another person of the same or opposite sex or with an animal.” For the reasons stated in Henderson, we uphold the constitutionality of Article 125(a).

The accused was convicted, in accordance with his pleas, of one specification of consensual…