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LAWYER: DROP HETEROSEXUAL ADULTERY CHARGE SINCE 'GAYS' EXEMPT

U.S. Air Force officer uses novel argument

Bob Unruh

An Air Force officer accused of adultery is arguing in military court that the 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 newspaper 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.

In “So Help Me God,” Judge Roy Moore brilliantly argues those who ordered him to remove a monument to of the Ten Commandments from his courthouse are the ones breaking the law by ordering him to violate his oath to uphold the Constitution of the United States.

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. Schriever earlier confirmed Caughey is a survivor of the Sept. 11 terror attack on the Pentagon.

The military is one of the last institutions that still punishes adultery. 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 important in maintaining discipline.

The report said the prosecutor argued against the defense argument, insisting the policy also applies to homosexuals.

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 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.

In “So Help Me God,” Judge Roy Moore brilliantly argues those who ordered him to remove a monument to of the Ten Commandments from his courthouse are the ones breaking the law by ordering him to violate his oath to uphold the Constitution of the United States.

Read more at http://www.wnd.com/2016/06/lawyer-drop-adultery-charge-since-gays-exempt/#rTVzCzP9AisUtMqF.99