A friend, who happens to be gay, is training right now at Camp Pendleton’s Marine Corps base, preparing for potential combat.  Most of his time is spent eating, breathing and living military life. 
 
Without complaint, and like the rest of his fellow Marines, he enjoys what he does.  In addition, he loves the fact that he receives 30 days of “leave” per year – that is, actually having time off from training or performing military job functions on top of regularly scheduled days off.  This leave time is his vacation time, other off time is called liberty, and both are basically time able to be spent off base.
 
However, leave and liberty time is restricted and comes with several public access bans.  If a restriction is violated or a banned establishment is visited, such a choice can come with potentially serious consequences. 
 
The government has put these restrictions in place for the Marines’ own safety, to ensure good order and discipline, and to ensure that the military's code of conduct is maintained in the general public.
 
One example of such a restriction, ongoing for decades but recently has become more strict, is its policies restricting Marine Corps personnel from traveling while on leave (or liberty) to Mexico.  The military requires prior written notice with permission, registration with the consular, a buddy system plan and much more before access is permitted.   The military has these restrictions to help secure the safety of military personnel during a time of reportedly increased violence in many of Mexico’s border cities.  This is especially the case considering U.S. military personnel are often targeted more often in foreign countries.
 
Even though there are restrictions for travel to Mexico, Marine Corps commanders always have created a method for access.   This circumstance is still holding true notwithstanding the increased dangers purportedly facing military personnel in Mexico.  Creating this sort of method for access, however, is not the case for many establishments that happen to be in Hillcrest.
 
According to the Uniformed Code of Military Justice (UCMJ), the military's own written and enforceable law - analogous to our civilian criminal penal code - currently makes it unlawful for military men to engage in sex with other men.  Military personnel are obligated first to the UCMJ and then to follow all civilian law in addition.  As such, establishments that allow men to freely engage in sexual activity with other men, in accordance with the UCMJ, would require prohibition or restriction.  Otherwise, to not ban an establishment catering to homosexual sexual activity would be to condone such activity, an inconsistency not desired by those who enforce the UCMJ.
 
One such establishment, Club San Diego, is completely prohibited to all Marine Corps (and other military) personnel.  This bathhouse/sauna located in Hillcrest is known to be a place where men can engage in homosexual activity, thus a violation of the UCMJ.  In contrast, however, there is NOT a single sex club or strip club known to be frequented by “straight” individuals that is banned or restricted for military personnel. 
 
Such inconsistencies smell of discrimination within the UCMJ and its enforcement policies.
 
To be blunt, how in the heck can the military allow Marines to frequent - on their earned vacation time - any sex club or strip club desired except for those known to be frequented mostly by men seeking men?  Are straight sex clubs not just as sexually promiscuous?  Are staight sex clubs not as equally susceptible to transmission of disease if safe practices are employed?  Even under the current policy of “Don’t Ask, Don’t Tell,” it seems discriminatory to “tell” Marines not to enjoy their much deserved and earned time off in an establishment that is supposed to not even be discussed, but against military policy under the UCMJ if caught.
 
To contextualize this issue even further, somehow “straight” sex clubs are upholding the good order and discipline of the military and “gay” sex clubs are not?   Moreover, somehow traveling to Mexico and then going to a “straight” strip club afterwards is safer and more upstanding than a male seeking another male in a hot tub in Hillcrest?
 
I am not convinced. 
 
Perhaps once “Don’t Ask, Don’t Tell” is finally repealed – which I predict it will be by year’s end – the fight will continue by seeking to protect Marine’s and other military men from additional discrimination when seeking to enjoy their free time, by amending the UCMJ to allow men to have sex with other men.  What a small consternation that will cause, eh?! 
 
 
Thomas Hughes, Esq. was born and raised in San Diego, and got his Law Degree at Whitter Law School in Orange County, Ca.  After three years prosecuting as a Riverside County deptuty District Attorney, Hughes returned to San Diego to start his own criminal defense firm.  He has law offices in San Diego and Temecula, and also works as a technical advisor to CSI Los Angeles.  For more information about Mr. Hughes or his criminal defense firm, visit ThomasHughesLaw.com.