Steve Ralls, spokesman for Servicemembers Legal Defense Network, offers no support for seven paratroopers accused of committing sex acts on a gay porn web site in exchange for money. He notes the behavior would be criminal regardless of a person’s sexual orientation. He said, “I’m not going to make excuses for service members who are taking part in sexual conduct for money.”

3 face courts-martial on charges of sodomy, prostitution while 4 will suffer nonjudicial punishment such as rank reduction, restrictions

The Army charged seven paratroopers from the elite 82nd Airborne Division with engaging in sex in videos shown on a gay pornographic website.

Three face courts-martial on charges of sodomy, pandering and engaging in sex for money, according to a statement released by the Army on Friday.

Four others received nonjudicial punishments, including reduction to the rank of private, being restricted to quarters and other penalties.

The Army wants all seven discharged.

The charges don't mention the name of the site. But the division, based at Fort Bragg, N.C., was previously investigating accusations that soldiers appeared on a gay pornographic website. A spokesman for the division said Friday's charges were a result of that investigation.

The military-themed site did not make direct reference to the division or Fort Bragg, a sprawling post adjacent to Fayetteville, N.C. It contains a disclaimer asking users to agree that they are not agents of the United States government or Defense Department, and that they are not law enforcement officers or reporters.

A spokesman said the Army considers the investigation complete.

"As far as we're concerned, it's isolated to the unit, and our investigation determined that these seven individuals were the only ones," said Maj.

Thomas Earnhard, a spokesman for the 82nd Airborne.

Steve Ralls, a spokesman for Servicemembers Legal Defense Network, a group that helps gays and lesbians in the military, said the charges indicated that the soldiers' behavior is a more serious matter than their sexual orientation.

"I'm not going to make excuses for service members who are taking part in sexual conduct for money," Ralls said.

He said that sort of behavior would be criminal regardless of a service member's sexual orientation.

The charges were made under the Uniform Code of Military Conduct, which retains a provision against sodomy even though the United States Supreme Court invalidated all state sodomy laws in a Texas case it decided in 2003.

The justices typically defer to the military in matters of unit discipline, and their 2003 ruling did not affect the military justice code.

Earnhard said the three soldiers charged had been given military lawyers. An arraignment was scheduled March 7.

The three soldiers facing courts-martial are Spc. Richard T. Ashley, Pfc.

Wesley K. Mitten and Pvt. Kagen B. Mullen. The Army did not release their ages or hometowns, but said all seven paratroopers were members of the 2nd Battalion of the 508th Parachute Infantry Regiment.

The four soldiers who received nonjudicial punishments weren't identified. In addition to a reduction in rank, their punishment included 45 days of restriction to the unit area, 45 days of extra duty and forfeiture of a month's pay.

The registered owner of the website's domain name lists an address in Fayetteville. A phone number listed on the domain registration papers in the name of the registered owner has not been in service since late January. E-mail messages sent repeatedly to the owner after news of the investigation broke Jan. 26 have been returned as undeliverable.

The 15,000 paratroopers of the 82nd Airborne are among the Army's most celebrated soldiers. They volunteered to serve in the unit that deploys soldiers to any part of the world within 18 hours.

Soldiers from the division have served extensively in Iraq and Afghanistan, and several thousand remain overseas.

The military's "don't ask, don't tell" policy states that a same-gender sexual orientation is no bar to service.

But same-gender sexual conduct is "incompatible with military service," according to the policy, and gays and lesbians are expected to keep their sexual orientation a secret.

Service members who violate the policy are removed from the military. Most receive honorable discharges, but that is all but inconceivable in the case of the seven accused.

Staff writer Dennis Vercher contributed to this story.

This article appeared in the Dallas Voice print edition, March 3, 2006.