NationIn June, the Supreme Court ruled that the federal Defense of Marriage Act or DOMA was unconstitutional, allowing the possibility for married couples of the same-sex to finally be allowed access to the same federal benefits as other married couples. Primarily, the focus has been on the military and that ID cards can now be given to same-sex spouses and they have access to transferable benefits like the GI Bill. Despite individual feelings about the issue one way or the other, the military follows orders and this ruling cleared the way for officials to follow the law.
However, when one is a member of the National Guard—part of the Army, but operated by the State—which laws is one to follow? In both Louisiana, Mississippi, and Texas, spokespeople for their respective National Guards announced that they would not be issuing ID cards or processing applications for benefits from their state-owned offices.
Because those states only recognize heterosexual marriage as defined by law, it places the National Guard in situation where federal and state law clash. However, because there are federal facilities in those states, same-sex soldiers and spouses can apply for benefits in those locations. Most of these states have laws or amendments to their constitutions that actively prevent the state government from recognizing same-sex marriage in any way.
The other 13 states that have banned gay marriage will follow federal law, processing all applications for benefits. Same-sex marriage is illegal in Alabama, however as long as a couple has a valid marriage certificate from a state where same-sex marriage is legal they can apply for the benefits. President Obama has mandated that same-sex couples who serve living in states where they cannot marry be given leave so they could travel to a state where they can be married. Reported by Opposing Views 4 days ago.