The Pentagon vs. the National Guard

When the Supreme Court overturned DOMA earlier this year, it meant that same sex military spouses became eligible for the same federal benefits as opposite sex military spouses. 

Defense Secretary Chuck Hagel's directive to National Guard units to begin extending benefits to same sex couples has run into resistance in nine states: Indiana, Georgia, Florida, Mississippi, Louisiana, South Carolina, West Virginia, Texas and Oklahoma.  Texas leadership, for example, has directed all National Guard units to refuse to issue IDs to same sex spouses, sending them instead to federal bases that are sometimes hours away from the National Guard facility where the military member may serve.  

But it is Governor Mary Fallin (R) of Oklahoma who has come up with the most original--or diabolical--way to thwart Mr. Hagel's directive.

Faced with the prospect of Oklahoma's National Guard units having to treat same sex couples and opposite sex couples equally, Ms. Fallin announced that National Guard facilities in her state would comply with the equality order by no longer processing spousal benefits for any married couple.  She explained her decision this way:  "Oklahoma law is clear.  The state of Oklahoma does not recognize same-sex marriages, nor does it confer marriage benefits to same-sex couples.  The decision...allows the National Guard to obey Oklahoma law without violating federal rules or policies.  It protects the integrity of our state constitution and sends a message to the federal government that they cannot simply ignore our laws or the will of the people."

what eye thynk:   Governor Fallin seems to be confused about a federal law's preeminence over state law. Oklahoma cannot refuse to collect federal income tax, for example, even if they pass an amendment to their state constitution saying they do not recognize Washington's tax laws.  Oklahoma cannot decide to alter their constitution in a way that would run counter to federal civil rights laws.  Federal laws cannot be ignored simply because your state doesn't like them.  We are the United States of America, not the Sort of the Same When We Feel Like It States of America.

When the media reacted to her announcement with incredulity, she responded "To set the record straight--no National Guardsman in Oklahoma is being denied marriage benefits.  Stories that suggest otherwise are false."  She is technically correct, but by forcing married couples--no matter the gender mix-- to travel hours away to a federal military base to sign up for benefits is simply wrong--and petty.

Mr. Hagel answered these nine recalcitrant states this way: "Not only does this violate the states' obligations under federal law, their actions have created hardship and inequality by forcing couples to travel long distances to federal military bases to obtain ID cards they're entitled to.  This is wrong.  It causes division among the ranks, and it furthers prejudice, which (the Department of Defense) has fought to extinguish."

It is unclear whether the Pentagon can close National Guard units without the consent of the governor of the state where the unit is located.  But it is clear that the unit's equipment is owned by the Pentagon.   If these nine states don't want to obey an order from the Secretary of Defense, move their equipment--all their equipment--to states that respect the law and military chain of command.  We should not condone anarchy.