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NCSF Files Amicus Brief in Support of Consensual Nonmonogamy

on Wednesday, 26 March 2014. Posted in Front Page Headline, NCSF News

Washington D.C. – NCSF has filed an amicus brief in a military case involving a marine who engaged in a consensual threesome and because of that was convicted of adultery, attempted consensual sodomy and indecent conduct, a "crime" based solely on undefined sexual conduct inconsistent with "common propriety."


In its brief, NCSF points out that military law is out of sync with U.S. Constitutional law and societal mores, especially when it comes to consensual sexual behaviors. Dick Cunningham, NCSF's Legal Counsel who prepared and filed the brief, said, "This is an important case in which we have challenged ways in which courts have criminalized consensual sexual conduct in what we regard as direct violation of the U.S. Supreme Court's landmark sexual freedom decision in Lawrence v. Texas."


Lawrence held that non-injurious consensual sex among adults cannot be criminally prosecuted, and that moral disapproval is not a sufficient justification for a criminal law.  In this case, the military court used a spurious "public sex" argument to evade the Lawrence ruling.


Filing legal briefs is an important part of NCSF’s mission in its attempts to decriminalize consensual adult sexual behavior.  NCSF awaits the decision of the military court on whether its amicus brief will be accepted.  To view NCSF's brief and case legal documents on this case, visit


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