Thursday, September 5, 2013

Texas and Mississippi National Guard -- Court-martial Material?

After the Supreme Court struck down DOMA earlier this year, the Defense Department announced that it would extend full benefits to all legally married same sex spouses beginning in September.  In August, the Pentagon said that same sex couples would also get full veterans' benefits.  

National Guard offices in two states decided not to comply with the new directives. On Tuesday, the day the new regulations took effect, the Texas National Guard refused to process any requests from same sex couples and Mississippi said it will not issue applications for benefits from offices if they state-owned.  In an attempt to explain their decision to ignore military orders, both cited their state's prohibition against same sex marriage.

Alicia Butler married her same sex partner--an Iraq war veteran--in California in 2009.  The couple now lives in Texas with their 5 month old child.  Ms. Butler went to the Texas Military Forces headquarters in Austin on Tuesday and was turned away.  She was advised to get her military spouse ID card at Fort Hood, a  U.S. Army post 90 miles distant.

Eligible same sex partners can apply for benefits at any federal military office or post.

what eye thynk:   Since when did following orders or regulations become an option in our U.S. military? 

According to the United Code of Military Justice, Article 92, failure to obey an order could result in being court-martialed.

Any person subject to this chapter who--

  1. violates or fails to obey any lawful general order or regulation
  2. having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order, or
  3. is derelict in the performance of his duties
shall be punished as a court-martial may direct.
 It will be interesting to see what happens next. 


No comments:

Post a Comment