hornetguy
15-Year Member
- Joined
- Jun 9, 2006
- Messages
- 2,353
Seems to be non-eventful at CGA as well. Regimental Commander is openly gay, she reports no problems whatsoever.
http://www.theday.com/article/20120920/NWS09/309209528/1018
But the subject isn't totally benign. There are still legal actions going on concerning housing allowances; medical benefits; being allowed to legally marry; (The military can't marry you, that's a state act and not all states recognize marriage outside of the traditional man/woman marriage).
So, there are still a lot of unanswered questions and concerns to go through. The military basically took care of the "DATING" issue of relationships. The "MARRIAGE" issue is still of concern. If a couple marries in a state that recognizes same sex marriage, will the military recognize it and allow benefits and entitlements? What about those who aren't in a state that can legally marry same sex? Are they discriminated against compared to the "Couple" that just PCS'd in from a state that recognizes marriage and they are legally married? Still going to be a bit messy.
The SCOTUS is expected to take on at least one DOMA challenge this coming year and probably by next summer a decision will be made...so things should be a little clearer then.
Personally; I don't think it will become that much clearer then. The basic premise with marriage, is that it's a "State's Issue". As much as some want to say it's religious or personal, it's still a "LICENSED" activity. And that marriage LICENSE is given by the state. Just like a driver's license, hunting license, etc... So unless the Supreme Court is going to try and justify eroding more of the 10th amendment; (Which I personally believe they have); they'll have to leave it as a state's issue.
United States Constitution
Article IV
Section I
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.
You're simply confirming how complicated this will be. Your question is how can State B constitutionally not recognize the legal decisions of State "A". How can then, one state not recognize a concealed weapons license from another state? How can a contractor, insurance, lawyer, etc... be licensed to work in one state but not another.Erode the 10th Amendment?
You have stated that "marriage" is a legal proceeding. It requires a license, issued by a state court, and the dissolution of this legal proceeding must be via the court system.
So how about enforcing Article IV Section I?
If the joining of two people in marriage/civil union is approved and made legal by a court in state A, tell me how state B can constitutionally not recognize it?