I’d like to start out by saying, flatly, that I’m all for both gay marriage and getting rid of the military’s, “don’t ask don’t tell policy.”
My question however is this. If the military decides to repeal don’t ask don’t tell (which they are currently reviewing) how will they as an institution handle the almost certain to come up case of a gay person, legally married in say Iowa, who wants to join the armed services? Will the military ‘recognize’ that marriage and if so how does that jive with the United States as a whole still debating the question.
It really seems to me, and I admit I might be completely wrong, the our nation needs to resolve the gay marriage question before the military can repeal this law. Or am I over thinking the whole thing?
I don’t think the military can recognize such a marriage under current law. The Defense of Marriage Act defines marriage as a legal union between one man and one woman as husband and wife. Unless and until SCOTUS strikes it, that’s the law for federal purposes.
Could they not just let married gays and lesbians serve, while ignoring the fact that they are married (i.e. treating them as they treat singles - gay and straight - who are serving)?
As I understand DOMA, the federal government doesn’t recognize same-sex marriages. As far as the military is concerned, two servicemen (or servicewomen) who get married in Iowa are just good friends. The Obama administration has recently issued directives that order federal agencies to provide benefits for same-sex couples where the language of the relevant statutes doesn’t run afoul of the language of DOMA*. I don’t know how military benefits would fall in this.
*Without looking up the details, some benefits in federal law are defined as being for the government employee’s “spouse”, while some only refer to “family”, along with various other wordings. DOMA prohibits same sex partners for qualifying for benefits as a “spouse” but doesn’t specifically disallow “family” benefits. Until recently, they were all totally ignored by the Feds, but now some of them are allowed. Just to illustrate the weirdness involved, here’s an article about how the government now allows same-sex spouses of government employees stationed on Johnston Atoll in the Pacific to qualify for the special stipend for being stationed there, even though the US hasn’t actually stationed anyone on Johnston Atoll for decades.
interesting, they ‘address’ the needs of same sex couples without addressing the question of marriage. Thanks Waterj2.
To UDS, maybe? I just look at how they treat male and female marriages, the spouse of the serving person gains considerable benefits because of the service. Health care, housing, etc … I wonder if that would continue in this case or not.
Just because something is legal in the civilian world doesn’t mean it’s legal in the military. If the military was aware that someone was legally married to a same sex spouse then that would seem to violate the don’t ask don’t tell rules and they could be discharged from the military.
Interestingly enough, there is nothing in Perry v. Schwarzenegger that does not apply to the federal DOMA law. If Perry’s reasoning as to law is accepted, then DOMA is unconstitutional.
Yes, if Perry survives the Supreme Court, then DOMA will be struck down soon thereafter.
As for DADT repeal, a legally married gay servicemember would – so long as DOMA still exists – presumably be treated just the same as a het servicemember with a girlfriend.
The irony is that, as things currently stand, the DADT policy requires the government to recognize gay marriage, contrary to the DoMA. Admittedly, it’s not the kind of recognition gay couples would like, but it is recognition.
I see no reason that congress should delay repealing DADT until DOMA is repealed. I think that it will result in many questions and lawsuits, but let it. It will highlight just how horrendous the injustice of not recognizing gay marriage is and also the real benefits of being married, beyond that of any ‘civil union’ status.