2004) is a United States Court of Appeals for the Armed Forces (CAAF) decision which, among other issues, upheld Article 125 (Sodomy) of the Uniform Code of Military Justice against a facial substantive due process challenge, and ruled that the Supreme Court's decision in Lawrence v. Texas, 539 U.S. 558 (2003) applied in analyzing as-applied challenges.
The appellant, United States Air Force Technical Sergeant Eric P. Marcum, a cryptologic linguist assigned to Offutt Air Force Base near Omaha, Nebraska, was tried by court-martial for "dereliction of duty by providing alcohol to individuals under the age of 21, non-forcible sodomy, forcible sodomy, assault consummated by a battery, indecent assault, and three specifications of committing indecent acts".
... Third, are there additional factors relevant solely in the military environment that affect the nature and reach of the Lawrence liberty interest?"
[1] The court said that "In light of our decision on Issue I, we need not decide whether life without parole was an authorized punishment for forcible sodomy at the time of Appellant's offenses.
Concurring with the rejection of the due process challenge, the judge disagreed with the majority's assumption that the "Appellant's conduct falls within the protected liberty interest enunciated in Lawrence."