Skip to comments.Louisiana National Guard refuses to accept Pentagon policy on same-sex benefits
Posted on 09/04/2013 3:36:56 PM PDT by BBell
The Louisiana National Guard won't process benefits for same-sex couples because the state Constitution does not recognize gay marriage, a spokesman confirmed Wednesday. The directive directly contradicts a Pentagon policy issued Tuesday requiring the military to honor such benefits requests.
"The state of Louisiana does not recognize same-sex marriage, nor does it allow a state officials to take part in an act that recognizes same-sex marriage. We would refer those individuals interested in applying for such benefits to seek guidance at a federal military installation," said Lt. Col. Michael Kazmierzak.
An amendment to the Louisiana Constitution, passed in 2004, states marriage "shall consist only of the union of one man and one woman." Any status "identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized."
However, after the U.S. Supreme Court ruled the federal Defense of Marriage Act, or DOMA, unconstitutionally denied equal access to benefits for same-sex couples, the Department of Defense took another look at its own policies.
On Tuesday, it issued a statement announcing the Pentagon would make spousal benefits available to all service members who had a valid marriage license. Most entitlements, such as family separation allowance and housing, are retroactive.
(Excerpt) Read more at nola.com ...
We would refer those individuals interested in applying for such benefits to
seek guidance at a federal military installation move to another state.
When will someone with courage running for office promise to get rid of this very destructive policy? I don’t know of any candidate out there advocating such a thing.
So, there you are and there you have it.
Just REFUSE TO COMPLY.
Enough people do it, it will OVERWHELM their SYSTEM.
Now just how they gonna courts marshal all those grunts anyway?
good for them, they are showing how it’s done. Truth be told Federalism is very tenuous, we need to have a lot of push back. As Mitt said, States have rights, the feds have enumerated powers
More states seem to be joining the resistance. Could this be the impetus that thrusts us into the coming civil war?
The Second American Civil War comes one step closer.
One baby step in a never ending marathon.
Never gonna happen.
The same thing was said in Tunisia not so long ago.
It will get even more interesting if the federal government decided they will fund the the benefits to same-sex partners instead of charging the state and Louisiana files an equal protection suit against the feds for not providing the same benefits to spouses.
Lauren McGaughy is evidently clueless about the Founding States' division of federal and state government powers enumerated in the Constitution where "government" laws which address sexual preferences are concerned.
More specifically, the Founding States made the 10th Amendment to clarifiy that the Constitution's silence about things like marriage means that government power to regulate marriage is reserved uniquely to the states, not the federal government. This is evidenced by the statute in Louisiana's Constitution which defines marrage as union of one man and one woman.
Likewise, since the states have never amended the Constitution to protect so-called gay rights, the states are free to make laws which discriminate against overt sexual orientation as Lousiana's laws do, as long as such laws respect all constitutionally enumerated rights of all citizens.
Regarding DOMA, according to Wikipedia, the Supreme Court evidently struck down the provision that officially defined the word "marriage" in federal laws and official federal government correspondence as a reference to traditional one man, one woman marriage.
Section 3. Definition of marriage (ruled unconstitutional by the Supreme Court)
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.
I think that if patriots want to protect traditional one man, one woman marriage that they need to work with their state lawmakers to appropriately amend the Constitution. Such an amendment would reverse the Court's decision to strike down Section 3 of DOMA imo.
Also bear in mind that amending the Constitution to effectively overturn a Supreme Court case decision is nothing new. Note that when state lawmakers actually understood the Constitution that they swear to protect and defend, they knew that they could effectively reverse a Court decision by appropriately amending the Constitution. If fact, the 11th, 16th and 19th Amendments are examples of the states doing so.
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This is precisely why the military as a federal institution was targeted in the first place. This dispute will now go to a federal court where Louisiana will... Promptly lose.
Yes. Louisiana should follow Alabama’s example and implement the Pentagon directive even if it conflicts with the state Constitution. 73.47% (565 votes)
No. The state Constitution strictly forbids the move so the Guard did the right thing. 23.8% (183 votes)
I don’t know. I’d have to learn more about the state Constitution or Pentagon directive before deciding. 2.73% (21 votes)
Total Votes: 769
Yes. . 74.55% (656 votes)
No. 22.73% (200 votes)
I don’t know. 3% (24 votes)
Total Votes: 880