Military Court Says It’s Okay That Marine Wore His Uniform in Gay Porn Shoot
- Posted on October 1, 2011 at 8:20am by
Madeleine Morgenstern
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A military court ruled this week that it’s okay a Marine wore parts of his official uniform while shooting gay porn videos — because he never appeared on camera wearing the full thing.

Image via Gawker
According to the U.S. Navy-Marine Corps Court of Criminal Appeals, Marine Corps Sgt. Matthew W. Simmons was an active-duty member of the Marine Corps band when he took leave to appear in several pornographic videos that “involved sodomy with numerous other men.”
In some of the clips, he was shown wearing his Marine dress blue coat, complete with decorations and rank insignia; others showed him wearing a Marine physical training jacket. At one point he mentioned on-camera that he was a Marine, and still shots from the videos were used for online advertising, McClatchy reported.
According to the Marine Corps Times, Simmons — who used the name “Christian Jade” on the military pornography site “Active Duty”– first came under investigation in 2010 when photos and videos surfaced of him having sex with other men.
He pleaded guilty to charges of misusing his uniform, but in its ruling the court set aside part of those convictions: Because Simmons never wore the complete uniform, there was no “visual evidence” for the general public of his government authority, and even though he identified himself as a Marine, he didn’t say they supported his behavior.
The court held:
“We are also not satisfied, on the basis of this record, that the appellant’s statements or wear of uniform items may create an inference of service endorsement of the activities depicted. The appellant never wore a complete ‘uniform,‘ so the general public could never receive ’visual evidence of the authority and responsibility vested in the individual by the United States Government.’ He did not voice any Marine support for what he was doing or any service views on the propriety or impropriety of his conduct.
Because Simmons‘ actions couldn’t be considered using the uniform for “commercial” purposes, there was no misuse involved. The court instead ordered he be resentenced under the charge of “general neglect or disorder.”
(h/t Gawker)



















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Comments (395)
manunited
Posted on October 1, 2011 at 9:15amIn my day not because he was gay but because he disrespected the uniform. Some already said it Blank Party Sgt or not.
Report Post »GTH
Posted on October 1, 2011 at 9:11amThis is a cure for these sick puppies…It’s called “Get Rid of the Democrats.” Then put all gays on a gay reservation until they are all gone. Then start over by interviewing anyone who say’s they are gay and hanging them on the spot. Guaranteed cure for gayism in our society.
Report Post »BrandyWilson
Posted on October 1, 2011 at 9:33amAmerica’s military has CURSED itself….there is nothing but death and destruction to follow!…I pray that the Righteous STAND …in opposition to this evil
Report Post »wyofiddler
Posted on October 1, 2011 at 9:39amGTH sorry i cant agree with you. I couldnt care less what these people so so far that it does not pick my pocket nor break my leg. As voltaire said:”I disaprove of what you say but will defend to the death er your right to say it!”
Report Post »SavvyCowboy
Posted on October 1, 2011 at 10:23am@WYOFIDDLER – Your attitude toward this issue (i.e. your “Voltaire quote”) is exactly how we got to this place in our history. I would like to suggest you re-think your attitude toward this (and many other issues) with this Samuel Adams quote instead.
“If ye love wealth better than liberty, the tranquillity of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.”
- Samuel Adams, August 1, 1776 at the Philadelphia State House
Report Post »Erabin
Posted on October 1, 2011 at 10:29amErr, so you‘re using a quote lauding freedom to speak out against people’s freedoms to reveal who they are? DADT was a measure taking freedoms from people. It is gone now. You should be cheering that fact.
You gotta be kidding me.
Report Post »hidden_lion
Posted on October 1, 2011 at 11:01amYou are an idiot, we have plenty of government intrusion already. If sinners want to sin, that is their choice and not for you or I to judge, but our government should not endorse it either. The constitution is the law of the land, you are either for it or you are against it. There is no in-between or room for grey area.
Report Post »encinom
Posted on October 1, 2011 at 11:01amGth, I love it when the ture facist of the Tea Party come out of the closet and prove how unamerican and anti-freedom you so called “Patriots” are.
Report Post »C. Schwehr
Posted on October 1, 2011 at 11:19amThere’s only one problem with trying to go back to a sane policy on homosexuals….now that the gate has been opened, it can’t be closed again. Kick one person out for merely being a homosexual, and that person will have an ACLU lawyer suing for discrimination and violation of Constitutional rights the next day!
Report Post »ZengaPA65
Posted on October 1, 2011 at 12:47pmRight on GTH
Report Post »Consentiondum
Posted on October 1, 2011 at 3:10pm“Kill all the gays” good plan!… We can put em all in one place and have mass hanging for spectacle. Can we move on to the Jews after?
Report Post »Hawker
Posted on October 1, 2011 at 6:20pmGet real they have been around throughout History what make you think killing will stop future ones from being born?
Report Post »SFsuper49er
Posted on October 2, 2011 at 1:44amThis is what happens when something wrong is accepted… This is really bad but there‘s one more thing that is worse and you truly know when it’s the end… When you see a woman on a Harley Davidson motorcycle with a man on the back…. You truly know we have lost!…… Because a man will have been stripped of all his pride and there will be no reason to go on……
Report Post »ccgraphics20
Posted on October 1, 2011 at 9:07amThis is definitely the end of a nation and getting near the end of time. It was written in Revelations: once people turn from Christ, start losing their moral values and principles, the end is near. Liberals use the term “freedom of choice” as an excuse to kill the unborn. They use “freedom of speech” to spew their vile crap in music, movies, on television and even in our classrooms. They use “freedom of expression” and “political correctness” to allow this kind of crap and other disgusting and harmful acts destroy our nation and world. They use the excuse of atheism to reject God and principles and values.
Report Post »BrandyWilson
Posted on October 1, 2011 at 9:48amTRUE CGraphics….this not just America’s turning her back on the True and Living God…but shoving her collective butts in the Lord’s face…no good will…or can come from this!
Report Post »FreedomsSound
Posted on October 1, 2011 at 9:49amSadly, even though there are god fearing people living in America, there is a tide of evil sweeping over the land. God has been pushed out by those in position of power. Just as Israel of old, when they turned from God to their own ways, God’s hand of protection was lifted and the surrounding enemies flooded in and brought devistation. Yet, His hand of mercy was always extended when they repented. God has our answer: II Chronicles 7:14 If My people who are called by My name will humble themselves, and pray and seek My face and turn from their wicked ways, then I will hear from heaven, and will forgive their sin and heal their land. God said He will heal our land.
Report Post »poorrichard09
Posted on October 1, 2011 at 9:54amAnd accept islam (a theocratic political system in the guise of religious ritual) as freedom of religion while the atheists push for freedom FROM religion.
This is what you get with gays openly in the military.
Report Post »Erabin
Posted on October 1, 2011 at 10:31amYou should move somewhere where people have fewer freedoms. Obviously, you cannot handle the situation here.
Report Post »lel2007
Posted on October 1, 2011 at 12:47pmThis current administration defiles all that it touches. Events like this one do bring to mind the persecution of Christ.
Report Post »babylonvi
Posted on October 1, 2011 at 1:50pmSo many attacks on this society from so many directions. One thing for sure, if Sharia takes hold, they won‘t be sticking their butts in everyone’s face or they’ll loose their heads. The America we have known would already be dead by then. Then the Globalists and their banker puppet masters will move in and start all over.
Report Post »gwssacredcause
Posted on October 1, 2011 at 9:04amI am glad my grandfather is not alive to see this behavior from the marine. He fought on Okinawa during WWII and was very proud of his Marine Corps service but in this instance he would not be proud of this Marine. He believed in honoring those he fought with and the Christian values this nation was founded on.
Report Post »BrandyWilson
Posted on October 1, 2011 at 9:35amThis is SHAME on our military…It has only just begun!…the degradation!
Report Post »Erabin
Posted on October 1, 2011 at 10:37amThere were gay soldiers fighting in WW2 and in the Marines too. I’m sure your gramps was well aware of that.
Report Post »outofthemire93
Posted on October 1, 2011 at 2:30pmMy grandfather also was a marine in WWII on Okinawa and he would have been devestated to see this also. May he rest in peace until the day of the Lord. (which doesn’t look to be too far away) God bless all our honorable marines (most).
Report Post »cosette
Posted on October 1, 2011 at 2:58pm@Erabin- There are pedophiles in the classroom, in leadership roles in youth organizations, even in the pulpit. This deviate sexual behavior is one of the last taboos’. I predict the day will come when it too will become legitimized . You will ,no doubt, applaud that step also as an expansion of “freedoms”. You think it can’t happen? Research N.A.M.B.L.A. The North American Man Boy Love Association. They have been lobbying for years. If the Good Lord doesn’t soon destroy this nation He owes Sodom and Gomorrah an apology!
Report Post »goodolddays
Posted on October 1, 2011 at 9:03amas a former Marine Vet, question “ what happen to the ”Blanket Party” ? would be the right thing to do . IMHO , thiss POS Garbage doesn’t belong …and never will …….Semper Fi
Report Post »RedPill
Posted on October 1, 2011 at 9:01amOK straight military guys, do not use this opportunity to deface the uniform to make even the vile use of the uniform this “guy” chose to do in these gay videos. Our military is the best and we still need to show our better half. Stay focused “men”!
Report Post »LibzLie
Posted on October 1, 2011 at 8:59amIf a hetrosexual appeared in the same uniform in an adult film, I am sure he would be discharged, (no,,not in the movie) as would any hetero female. Equql justice or social justice. Ughhh!
Report Post »AF Patriot
Posted on October 1, 2011 at 8:57amI seem to recall a similar case in which an AF female SSgt posed nude in playboy. She was discharged for her conduct, specifically for the partial use of her uniform. Seems to me that the powers that are have a memory that isn’t.
Report Post »Chet Hempstead
Posted on October 1, 2011 at 3:17pmNot quite the same – she was clearly identified as a real Marine in the editorial material accompanying the pictures. This guy didn’t use his real name, and there was no reason for viewers to assume he wasn’t just an actor playing a Marine. I’m not saying he shouldn’t have been punished, but that’s the technicality that got him off the hook, and it doesn’t apply in her case.
Report Post »cosette
Posted on October 2, 2011 at 8:43amSelective indignation= Liberal genetic defect.
Report Post »Chet Hempstead
Posted on October 2, 2011 at 6:51pmcosette
Report Post »It’s not just a liberal defect. Look at all the people who posted on this thread to point out that sodomy is still technically forbidden by the UCMJ. Do you think they give a toss about equal protection of the law? Are they suggesting that this antiquated law should be applied to all soldiers who commit sodomy, or would they be perfectly happy to see it used selectively only against gays?
cosette
Posted on October 2, 2011 at 8:25pm@ Chet- I don’t know for a fact that they do. It never entered my mind. Maybe you should ask them. As for my opinion, I don’t believe sodomy should be a discussion point. Nor do I believe the military should sanction ANY particular form of sexual practice. It should be, as it always has been, between 2 consenting adults. Why I have to be made aware of any individuals sexual proclivities is beyond me. I can think of nothing more private. There was a time when decent people kept such information to themselves. No more, much to the detriment of the culture. Honestly, the very thought of it is quite nauseating.
Report Post »Mephiboseth
Posted on October 3, 2011 at 1:15amThat AF Ssgt was cindy lutz…..she was the reason i joined the AF i though all the women in the AF must look like her. I was mistaken
Report Post »mark
Posted on October 1, 2011 at 8:50amOf all the Armed Forces, I was sure that the Marine Corps would have been the least affected by the repeal on DADT. Not to be.
Report Post »loriann12
Posted on October 1, 2011 at 8:57am23 years ago, you couldn’t even kiss your spouse in uniform, what are we coming to?
Report Post »peapaw
Posted on October 1, 2011 at 12:27pmHell 15 years ago you could not hold hands with your wife in public, the Marines are scared of Obama and running the Corp into the ground. This is a spit in the face of all military members active and retired get rid of Obama and this fudge packer.
Report Post »hidden_lion
Posted on October 1, 2011 at 8:48amFact is, this conduct unbecoming, and sodomy is still a violation of the UCMJ. I know a guy in the Air Force thats was discharged for appearing in Porn films in Japan, not wearing any uniform pieces.. This is BS and a travesty. The end is definitely near
Report Post »Prepare for the 2nd Coming
Posted on October 1, 2011 at 8:43amIs anyone out there still in doubt that we’re living in the end times?
Report Post »welloddyfriggindah
Posted on October 1, 2011 at 8:48amNo, but I do think it’s POSSIBLY 3-1/2 to 7 years off.
Report Post »bilorites
Posted on October 1, 2011 at 9:38amIt is beyond the beginning of the end… just as withe the Roman Empire… we are destroying ourselves from within…. the pospotus is the catalyst that is speeding the destruction… “fundamentally transform the USA”…. into a third world socialist nation
Report Post »BrandyWilson
Posted on October 1, 2011 at 9:50amAmen …and Amen again!
Report Post »poorrichard09
Posted on October 1, 2011 at 10:04amGod is preparing the world for the judgement of the Tribulation clear as day. The Lord will remove those who trust in Him (and His “restraining” Spirit) 1 Thess. 4:13-18
Report Post »BurntHills
Posted on October 1, 2011 at 8:43ammuslims would stone him to death for the films proving what this guy does. but obama will give him a medal.
Report Post »BrandyWilson
Posted on October 1, 2011 at 9:52amHeck…Obama wants a copy of the flick!
Report Post »lel2007
Posted on October 1, 2011 at 8:42amAnd they call this ‘Progress’.
Report Post »let us prey
Posted on October 1, 2011 at 8:42amDisgusting.
Report Post »BrandyWilson
Posted on October 1, 2011 at 9:53amDisgusting onlt describes the top of the crust….no tellin’ what the core (corps) will look like when it has come to completion!
Report Post »War_Vet
Posted on October 1, 2011 at 8:41amThis isn‘t your father’s Marine Corps … what a disgrace :(
Report Post »DanWesson455
Posted on October 1, 2011 at 8:48amThat will take the starched creased out of that uniform. Ech.
Report Post »OhSuzieQ
Posted on October 1, 2011 at 9:26amIs that the truth, or what!
Report Post »BurntHills
Posted on October 1, 2011 at 8:39amwelcome to soros’s version of the Fourth Reich. and all of this is squarely on obama.
Report Post »Rice Water
Posted on October 1, 2011 at 9:22amPlease explain.
Report Post »Kenny_Solomon
Posted on October 1, 2011 at 8:38amRight…. Now let’s see something decent and military….. Squad: Camp – it – up !
;-)
I gotta snark it, or I’d have to go to “The 100-Yard Stress-Relief Center again…… and ammo’s still WAAAAAY too expensive.
KLS
Report Post »Oath Keeper
Patriot Guard Rider
Sheepdog911
Posted on October 1, 2011 at 8:33amRespect starts at the top. When Obama likse to have his feet up on the WH furniture when being photgraphed, why would expect others to respect anything else.
Report Post »BurntHills
Posted on October 1, 2011 at 8:41amwith those feet up on it, obama must totally demean the Resolute Desk, it is the symbol of friendship and RESPECT from England to America. everything obama does is for a reason: it is all to demean, degrade and demoralize America.
Report Post »NHwinter
Posted on October 1, 2011 at 8:32amThank you Obama, what else can you do to destroy the dignity and honor of our armed forces!!!! You are succeeding in transforming America in every area from a proud, United States to a joke. I respect people’s right to chose whatever lifestyle they want to live, but respect is due to the armed services and you have opened the door to this kind of display. The military has always been our protectors and heros. What does this say? This is indeed a very sad day for our military.
Report Post »Islesfordian
Posted on October 1, 2011 at 9:09amThere was a movie 15 years back or so with Kurt Russell playing a clockmaker who moves into hillbilly country and gets in the middle of a fued. One hick tries to put him in his place by breaking a beautiful wooden clock, and Russell’s character looks at him in scorn and says, “What kind of a man breaks something he can’t make?”
I feel that way about liberals, in every facet of life. They are trying to destroy our churches, marriage, the economy, the military, our Rebublic.
Report Post »Jenny Lind
Posted on October 1, 2011 at 10:32amGood luck young man, as soon as word gets out your life will be a living hell, and I guarentee, no one, I repeat, no one will ever “have his back”. It won’t be deliberate, but his life-span just got shortened.
Report Post »Jenny Lind
Posted on October 1, 2011 at 10:34amMy mistake, he isn’t active duty-so I‘ll bet some vet’s know where he lives
Report Post »Walkabout
Posted on October 1, 2011 at 2:36pm@ Islesfordian
“What kind of a man breaks something he can’t make?”
Good post. Now I got to find & watch that Kurt Russel movie.
Report Post »aggiebrewer
Posted on October 1, 2011 at 8:30amFor once I am speechless. I mean I uh…………………..nope….Speechless.
Report Post »DanWesson455
Posted on October 1, 2011 at 8:50amAnd then he goes into the chow hall and EATS WITH THOSE HANDS!
Report Post »DanWesson455
Posted on October 1, 2011 at 8:52amWorse, he goes on leave goes home and kisses Mom Hello?!! ECH!! ECH!! ECH!!
Report Post »lthm
Posted on October 3, 2011 at 3:06amWhat’s your point? Do you know how many body parts you touch vicariously each day? Next time you’re in a public restroom, note how many people walk out without washing their hands. Then they touch the door, the drinking fountain, the groceries in the store, the carts, the paperwork in the office. Virtually every touchable object in the world has vicariously come into contact with a person’s nether regions and passes that on to you. Lovely thought, isn’t it?
Report Post »piper60
Posted on October 1, 2011 at 8:29amOH PLEASE!!!!!!!!!!!!!!!!!!!!!!! The guy made porn flicks, regardless of what he was wearing. I thought porn was supposed to be illegal! Certainly for anyone who wears the uniform of the United States Military. He is a disgrace to the uniform that he further disgraced by wearing parts of in these flicks. Put him in irons. Station him in Alaska permanently. That ought to cool his ****** down a bit.
Report Post »aggiebrewer
Posted on October 1, 2011 at 8:35amPorn is not illegal unless their are underaged actors. It is a cancer on our society but not illegal.
Report Post »I am not supporting this clown. Just letting you know that the law is the law for everyone. Or at least it is supposed to be equal justice.
welloddyfriggindah
Posted on October 1, 2011 at 8:46amYep…it is legal…and this is a clear example of how political correctness only extends to leftists as much as is humanly possible. It isn’t a means of establishing “fairness”, but of establishing leftist ideology as “gospel”, little ‘g’. Pun intended.
Report Post »Rice Water
Posted on October 1, 2011 at 9:25amPorn is not illegal, nor should it be; consenting adults can play for the cameras if they want to. Don’t like it? Move to Iran.
Report Post »BrandyWilson
Posted on October 1, 2011 at 10:16amNo Piper 60: They have to show their TOLERANCE!….Even for DEGENERATION!
Report Post »Erabin
Posted on October 1, 2011 at 10:34amPeople are so viciously against freedom here.
If you don’t like porn, don’t watch it, don‘t act in porn movies and you’re fine. The phrase “Stop liking what I don’t like” should end with elementary school.
Report Post »Walkabout
Posted on October 1, 2011 at 2:42pm@ Rice Water
Porn is legal. Appearing in a porn film in uniform is not. I know people who appeared in uniform at peace rallies. They were gone. People in the military are taught this from day one. It doesn’t matter that he did not wear the “WHOLE” uniform. That was just senior level people CYA to protect them from political types in the Pentagon & the Whitehouse. They upheld enough charges to get this guy thrown out of the Marine Corps. Still it sets a bad precedent. Enough of the uniform was worn to make it identifiably as a marine uniform. Leaving out a piece or 2 was to try to protect him from just prosecution.
A porn film if he got paid would be considered a 2nd job. You are suppose to get approval from your command if you get work outside of the military. Apparently he did not consult his superiors.
Report Post »Rice Water
Posted on October 1, 2011 at 6:17pm@Walkabout- apparently, the U.S. Navy-Marine Corps Court of Criminal Appeals disagrees with you. Also, did he actually get paid for the movie? Maybe he just did it for fun…“pro bono”, so to speak?
Report Post »Walkabout
Posted on October 1, 2011 at 8:28pmAt Rice Water
The court disagreed or trying to save their jobs form political brass & politicians?
Looks like a way to find him guilty enough to throw him out without their careers getting damaged.
I thought about the money angle. A job is a job. It takes time away from work or may conflict with your primary employer (in this case the U.S. Marines). So a working for a non profit that leaves you with a lock a sleep would be consider detrimental. So getting paid or not does not matter. It alll depends on how the law is written or interpreted.
If someone worked for the Red Cross part time as a volunteer lets say 20 hours a week and they ended up falling asleep at sentry post, the pro bono work by the soldier caused a problem for the military.
So he could still be in trouble for not running it by his superior.
I don’t think that Simmons thinks the Marines is his primary job. I think he thinks that his primary job is being making gay pornos. The Marin Corps is just some money to pay the bills until he makes his big break.
Report Post »Rice Water
Posted on October 2, 2011 at 6:39am@Walkabout: Well, now you‘re comparing what’s proper with what’s legal. Big difference.
Report Post »LaBelle
Posted on October 1, 2011 at 8:27amIMO the court is wrong and knows it. About 12 years ago I was going to surprise my husband with some “beudoir” pictures but he found out and so I told him what I wanted to wear in some of them, his uniform, he said no because it was against Military rules. I only wanted to wear his shirt but he still said it wasn‘t allowed because it wasn’t for official duty. He was in the AF for over 21 years at that time so he should know what the rules are. IMO this is just another attempt to wussify our military and denigrate our soldiers, the left sure does know how to get things done, all you have to do is “seed” every institution with people of the same mind set.
Report Post »aggiebrewer
Posted on October 1, 2011 at 8:33amI too was in the military for many years and was thinking along the same lines. I believe that this Marine’s sexual orientation is what saved his butt. We wouldn’t want to offend the poor homosexual or his boyfriends.
Report Post »Islesfordian
Posted on October 1, 2011 at 8:26amI guess he merits a promotion? I suppose if we’re going to force the military to take it up the a** how can we quible about the costume?
Report Post »loveliberty83
Posted on October 1, 2011 at 8:26amshame on the military-no soldier should be involved in this with the uniform of our dead heros they are so scared of offending
Report Post »lel2007
Posted on October 1, 2011 at 9:09amShame on the ‘commander in chief’ that empowers the corrupt. Shame on the silly Marine impostor who used his uniform to sully the Corps. Shame on a society that accepts sodomy as a legitimate ‘alternate life’ style to be taught in grade schools.
Report Post »loveliberty83
Posted on October 1, 2011 at 8:25amthis is sick -he knew what he was doing & having been married to a military they are not allowed to abuse their uniform very sad disrespectful day for our military
Report Post »Charles
Posted on October 1, 2011 at 9:53amYou are wrong. The military court just approved this. If I type out what needs to be done here my comments will be deleted. Perhaps rightfully so.
Report Post »Walkabout
Posted on October 1, 2011 at 2:58pm@ Charles
I posted this on the story of Canada Education system & the pushing of transgenderism. It got deleted.
http://www.dailymail.co.uk/news/article-2043345/The-California-boy-11-undergoing-hormone-blocking-treatment.html#socialLink
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