동성간 성행위, 동성애자, 트랜스젠더 군인과 성별 변경에 대한 미국 군사법제 및 판례의 변화 연구

Military functioning under strict hierarchy has played a major role in the national security. The United States of America, growing as a military super power through participating in the 2nd World War and joining winners’ club, had maintained strict laws and policies toward unnatural sexual behaviors, particularly homosexual behaviors of military personnels until law on repeal of Don’t Ask Don’t Tell policy (2011) and UCMJ article 125 revision (2013) were enforced. Until February in 2021, U.S. had held on restrictive regulation and policy of enlistment and service by transgender soldiers except the era between 2015 and 2016 when Obama Administration adopted open policy toward transgender solders in military troops. This research investigated and demonstrated the history of sodomy provision penalizing homosexual behaviors of military solders, along with shift of restrictive policy and law on enlistment and service with respect to lesbian, gay, and transgender soldiers. Moreover, through reviewing major cases of federal appellate courts regarding penalizing homosexual behaviors of a gay soldier, and resricting service of lesbian and transgender solders, it suggests that American judicial body accepted the judicial passivism based upon the separation of power doctrine toward the issues. Furthermore, it analyzes shifting laws toward lesbian, gay, bisexual and transgender soldiers with comparison to shifting laws related to LGBT people in civil area. The research sheds light on Korean military laws and decision of judicial body.