The crime not to be named [sodomy], I pass in a total silence. 24

America's first law book, authored by founding jurist Zephaniah Swift, communicated the popular view concerning sodomy:

    This crime, tho repugnant to every sentiment of decency and delicacy, is very prevalent in corrupt and debauched countries where the low pleasures of sensuality and luxury have depraved the mind and degraded the appetite below the brutal creation. Our modest ancestors, it seems by the diction of the law, had no idea that a man would commit this crime [anal intercourse with either sex]. . . . [H]ere, by force of common law, [it is] punished with death. . . . [because of] the disgust and horror with which we treat of this abominable crime. 25

John David Michaelis, author of an 1814 four-volume legal work, outlined why homosexuality must be more strenuously addressed and much less tolerated than virtually any other moral vice in society:

    If we reflect on the dreadful consequences of sodomy to a state, and on the extent to which this abominable vice may be secretly carried on and spread, we cannot, on the principles of sound policy, consider the punishment as too severe. For if it once begins to prevail, not only will boys be easily corrupted by adults, but also by other boys; nor will it ever cease; more especially as it must thus soon lose all its shamefulness and infamy and become fashionable and the national taste; and then . . . national weakness, for which all remedies are ineffectual, most inevitably follow; not perhaps in the very first generation, but certainly in the course of the third or fourth. . . . To these evils may be added yet another, viz. that the constitutions of those men who submit to this degradation are, if not always, yet very often, totally destroyed, though in a different way from what is the result of whoredom.

    Whoever, therefore, wishes to ruin a nation, has only to get this vice introduced; for it is extremely difficult to extirpate it where it has once taken root because it can be propagated with much more secrecy . . . and when we perceive that it has once got a footing in any country, however powerful and flourishing, we may venture as politicians to predict that the foundation of its future decline is laid and that after some hundred years it will no longer be the same . . . powerful country it is at present. 26

In view of the arguments listed by historical and legal sources, there is substantial merit for maintaining the ban on homosexuals in the military. 27 The Founders instituted this ban with a clear understanding of the damaging effects of this behavior on the military. This ban has remained official policy for over 200 years and one would be hard-pressed to perceive the need for altering a policy which has contributed to making America the world's foremost military power.