Gay marriages on US Navy bases — on and off again
”My memorandum of 13 April 2011 is hereby suspended until further notice pending additional legal and policy review and inter-Departmental coordination.”
Rear Admiral M.L Tidd, US Navy Chief of Chaplains, putting on hold plans to allow gay and lesbian couples to be married on Naval bases, but only in states where gay marriage is already legal. His previous memo said that Navy chaplains would also have been allowed to perform those ceremonies. (CNN)
Republican and conservative opposition to the announcement emerged with the claim that the Federal Defense of Marriage Act prevented gay marriages from being recognized by the Navy:
”While a state may legalize same-sex marriage, federal property and federal employees, like Navy chaplains, should not be used to perform marriages that are not recognized by federal law.” — Rep Todd Arkin (R-MO) (CNN).
”Unfortunately, the military is getting out in front on this issue and when you have a president who doesn’t believe the Defense of Marriage Act is a law he needs to follow, it’s no surprise that the military would follow his lead.” — Tom McClusky of the anti-gay Family Research Council. (Christian News Serivce)
Tidd’s original memo, dated April 13, 2001, read in part:
”Regarding the use of base facilities for same-sex marriages, legal counsel has concluded that generally speaking, base facility use is sexual orientation neutral. If the base is located in a state where same-sex marriage is legal, then base facilities may normally be used to celebrate the marriage. This is for purely religious services (e.g., a chaplain blessing a union) or a traditional wedding (e.g.,a chaplain both blesssing and conducting the ceremony). Facility usage is determined by local policies and the Regional Legal Service Office (RLSO) should be consulted to ensure compliance with existing laws and regulations. This is a change to previous training that stated same-sex marriages are not authorized on federal property.
”Regarding chaplain participation, consistent with the tenets of his or her religious organization, a chaplain may officiate a same-sex, civil marriage: if it is conducted in accordance with the laws of a state which permits same-sex marriages or union; and if the chaplain is, according to applicable state and local laws, otherwise fully certified to officiate that state’s marriages. While this is not a change, it is a clearer, more concise, up to date articulation. Again, consult the Regional Legal Service Office (RLSO) to ensure compliance with existing laws and regulations.”
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