Tuesday, September 03, 2013

Texas Military Forces Refuse to Process Same-Sex Couples' Benefits

In yet another example of how the far right increasingly sees itself as above the federal laws and rulings of the U. S. Supreme Court, Maj. Gen. John Nichols (pictured above), who oversees the Texas Army National Guard, Texas Air National Guard, and Texas State Guard, directed state-run facilities to comply with the anti-gay Texas state constitution, which does not recognize same-sex marriage.  Perhaps the Pentagon should consider cutting off all federal funds that flow to these Texas divisions of the military if Texas believes it can ignore Pentagon directives.  This development underscores that the cowardice of the U. S. Supreme Court and its refusal to rule broadly on gay marriage has only created more chaos.  The Advocate has details.  Here are highlights:

The Texas Military Forces, which includes the state's National Guard and other troops, are refusing to process requests from gay and lesbian couples for spousal benefits, ignoring orders from the Department of Defense that it should extend health care, housing, and other benefits to married gay and lesbian members of the military by today.

The directive creates an additional hurdle for gay and lesbian members of the military, who now must apply for benefits at a federal facility. In Texas, one of the nation’s largest states, applying at a federal installation could require traveling a considerable distance.

The Pentagon confirmed to the Associated Press that Texas is the only entire state that is currently refusing to process benefit requests for same-sex partners, though some state-run offices in Mississippi have also refused to issue applications.

“It’s truly outrageous that the state of Texas has decided to play politics with our military families," said Stephen Peters, president of American Military Partner Association, which advocates for LGBT military families. "Gov. Rick Perry should be ashamed. Our military families are already dealing with enough problems and the last thing they need is more discrimination from the state of Texas."  

Tuesday was the first day these benefits were available to members of the military, following the Supreme Court decision that struck down a key section of the Defense of Marriage Act.

Two thoughts.  First, Texas and Mississippi seemingly learned little from their defeat in the Civil War in terms of the federal law taking priority over state law.  Second, as I have argued many times - and as the majority in United States v. Windsor recognized - the only motivation behind anti-gay laws and state constitutional amendments is hatred and anti-gay animus that seeks to make gays lesser citizens be they in the military or civilians.   And this pervasive evil has one source: religion.

1 comment:

Anonymous said...

As much as I find this reprehensible, National Guards are under STATE control. They report and are answerable to STATE authorities, not the DOD or the CinC. So this will probably have to be litigated. Hopefully SCOTUS will find in favor of federal law over state law.

Peace <3
Jay