Tuesday, September 10, 2013

The US and Texas militaries conflict over offering benefits to same-sex spouses.

This is the same conflict we see in other areas regarding same-sex issues.

Following a recent Supreme Court decision overturning part of the Defense of Marriage Act, the Obama Administration judged that a rule banning same sex spouses from receiving benefits could not be enforced. So VA's across the country - including Texas and other states banning same-sex marriage - have to provide them.

But the Texas Military Forces (yes there is such a thing) do not - and cannot according to Texas statutory and constitutional law. So any of their members with same-sex spouses cannot receive benefits in Texas facilities. They can received them in federal facilities.

There's a hitch however. When called to active duty, the Texas Military falls under control of the federal government, at which same-sex spouses have to be provided benefits. But the conflict remains, and a handful of Democratic legislators in the state have asked the attorney general to reconcile state and federal law.

More for 2306's look at federalism and the conflict that stems from it.

Story in the Texas Tribune.