United States v. Marcum
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United States of America v. Technical Sergeant Eric P. Marcum, 60 M.J. 198 (C.A.A.F. 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 decision is thus binding precedent on all courts-martial in determining if an Article 125 prosecution is constitutional.