One Year after the Repeal

Discussion in 'Academy/Military News' started by hornetguy, Sep 20, 2012.

  1. hornetguy

    hornetguy USAFA Cadet

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  2. Luigi59

    Luigi59 Banned

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  3. SamAca10

    SamAca10 Ensign - DWO

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  4. Christcorp

    Christcorp Member

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    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.
     
  5. Jcleppe

    Jcleppe Member

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    Agreed, that's the best description I've heard "Took care of Dating" It will take a while to sort everything out and I imagine it will not be an easy task. Many States across the nation are in the middle of battles over Same Sex Marraige, including the state I live. How this will all impact the military and benefits remains to be seen.

    On a side note, My son's AROTC Battalion, a small one, now has two openly gay cadets, he has told me that there have been no issues within the battalion. The two cadets are popular and in leadership positions and as he put it "Nobody has given it a second thought"
     
  6. usnabgo08

    usnabgo08 USNA 2008/BGO

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    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.
     
  7. Christcorp

    Christcorp Member

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    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.

    So what does that mean for military personnel. For couples NOT in a state that grants a marriage "License" to same sex couples; does the military classify some sort of "Common Law Marriage"? If so, will this same thing apply to the heterosexual couple who have been dating or engaged for a set period of time? No, I think there's still going to be a way to go on this one.
     
  8. usnabgo08

    usnabgo08 USNA 2008/BGO

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    I agree there will still be issues that will have to be worked.

    But I'm sure lawsuits will follow if the federal definition of marriage is found unconstitutional.
     
  9. Luigi59

    Luigi59 Banned

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    Erode the 10th Amendment? :confused:

    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?

    :confused:
     
  10. Christcorp

    Christcorp Member

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    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.

    I happen to agree with you. Unfortunately, what was considered public acts, recordings, and judicial proceedings; at one time, does not seem to mean the same thing today. I think health insurance would be cheaper if a person could buy insurance across state lines. If one state can recognize another state's driver's license/permit, there's no reason they shouldn't be able to recognize a concealed weapon. I also don't believe that a lot of occupations and employments should require being licensed state by state.

    Unfortunately, our government has gotten more complicated over the years. If the spirit/letter of the constitution was still in use today as it was originally intended, I don't think there would be a problem here. Marriage and other similar licensed/permitted activities would be recognized across state lines.
     

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