MISSOURI: Gov. Jay Nixon Orders National Guard To Respond In Ferguson

Nixon did not notify the White House of this action.

“Folks didn’t know,” an administration official told BuzzFeed Monday. “The White House did not know they were sending it in.” Nixon gave “no heads up,” the official said. President Obama is back at the White House today on a pre-scheduled break from his August vacation in Martha’s Vineyard. He’s scheduled to be briefed by Attorney General Eric Holder on the situation in Ferguson early this afternoon. Holder and the administration have been critical of the militarized response to protests in Ferguson.

Defense Secretary Chuck Hagel Declares Victory On National Guard Issue

Secretary of Defense Chuck Hagel today declared that National Guard units in all states are now in compliance with his directive that same-sex spouses be allowed to register for military benefits. Here is his full statement.

On October 31, I called on the Chief of the National Guard Bureau to work with several states to fully implement DoD policy by providing DoD ID cards to all eligible military spouses, regardless of sexual orientation. Following consultations between the National Guard Bureau and the Adjutants General of the states, all eligible service members, dependents and retirees - including same-sex spouses - are now able to obtain ID cards in every state. All military spouses and families sacrifice on behalf of our country. They deserve our respect and the benefits they are entitled to under the law. All of DoD is committed to pursuing equal opportunities for all who serve this nation, and I will continue to work to ensure our men and women in uniform as well as their families have full and equal access to the benefits they deserve.

Suh-nap.

UPDATE: The ACLU reacts via press release.

This is a welcome announcement, and one that Secretary Hagel deserves credit for making happen. The resistance on the part of some governors on extending these benefits to same-sex couples was a grossly unfair violation of federal law that turned the promise of equal treatment for all military personnel on its head. The ACLU is pleased to have partnered with the American Military Partner Association on a national petition urging the Department of Defense to ensure that same-sex military couples could not be denied equal access to the federal benefits to which they were entitled.

Georgia Caves On National Guard

Via Chris Johnson at the Washington Blade:

Maj. Jon Craig, a National Guard Bureau spokesperson, said Georgia had agreed to process applications to grant same-sex spouses military IDs last week in a decision along the lines of Texas and Louisiana. “With Georgia, what it came down to was the authorization to put some state employees on temporary federal status,” Craig said. Georgia had been one of two remaining states that had refused to enroll the spouses of gay troops into the benefit system in the aftermath of an edict for Defense Secretary Chuck Hagel saying military spousal benefits should be available to troops in same-sex marriages nationwide. These states had cited state constitutional amendments barring same-sex marriage as the reasons why they couldn’t comply.

The final holdout is Mississippi.

LOUISIANA: National Guard Tweaks Rules To Allow Benefits Registration

Via the Associated Press:

National Guard spokesman Lt. Col. Mike Kazmierzak said Thursday that federal employees will handle benefit enrollment requests for same-sex couples at Guard sites around Louisiana, so service members don't have to travel to federal military installations for processing. Kazmierzak said the U.S. Property and Fiscal Officer in Louisiana, who handles federal property and federal financing for the state National Guard, will move some Guard employees to federal personnel status to deal with the benefit enrollments. It's an employment classification tweak that allows state officials to say their employees aren't violating a state prohibition of gay marriage, but that also puts Louisiana in line with a Pentagon directive issued in September permitting same-sex benefits for service members.

Equality Louisiana reacts via press release:

This is a great day for married National Guard members in our state, and another small step down the road to equality for all married couples. While the Louisiana National Guard had initially required that LGB service members apply for spousal benefits only at federal installations such as Ft. Polk or Barksdale Air Force Base, the Secretary of Defense has indicated that such a policy illegally creates hardship and inequality for service members in same-sex marriages. Now, in response to the Pentagon’s directive and similar actions taken by other states, the Louisiana National Guard has removed the last remaining barriers to access. Federal funds and personnel will be used to process benefits applications for service members in same-sex marriages, satisfying Louisiana’s constitutional requirements while ensuring that all service members receive equal treatment in the application process.

Democrats Slam Christie For Backing Anti-Gay Oklahoma Gov. Mary Fallin

UPDATE: Garden State Equality is furious.

“As a native Oklahoman, I find Governor Fallin’s anti-LGBT stand reprehensible. Ending service to all rather than offering service to a minority is not equality, it is discrimination of the highest order," said Troy Stevenson, executive director of Garden State Equality. "While Governor Christie has never been a proponent of the freedom to marry, he has always claimed to support equal protections for all. In a time when LGBT rights are quickly becoming a non-partisan issue, it is tragic that Governor Fallin has chosen time and time again to marginalize LGBT Oklahomans."

Texas Caves On National Guard

Via press release from Lambda Legal:

After increasing pressure to follow U.S. Department of Defense guidelines, the Texas Military Forces today allowed Lambda Legal's client, Alicia Butler the wife of 1st Lt. Judith Chedville to register for federal military benefits at Camp Mabry. "We are thrilled for Alicia and Judith who just wanted to take steps, like all military families, to access critical support networks and benefits provided to families of servicemembers," Lambda Legal Staff Attorney Paul Castillo said. "Texas Military Forces implements a host of federal benefits programs for all National Guard units in the state and it should be no different for married same-sex couples."

In September, Lambda Legal submitted a letter urging the commanding officer of the Texas Military Forces to abide by U.S. Department of Defense (DoD) guidelines and allow married same-sex military couples to register for federal benefits at any military base in the state. Since that first contact, Lambda Legal has engaged in continued aggressive advocacy at all levels to urge this result. I am so pleased to have this spousal ID card and begin to access a range of benefits," Butler said. "My wife served our country and our family needs support like all military families."

The American Military Partner Association reacts:

“We applaud the Texas Military Forces for changing course and the Department of Defense for making sure this issue is resolved in Texas," said Stephen Peters, president of AMPA. "All military spouses, regardless of orientation or gender, deserve to treated with the same dignity, respect, and support for their sacrifices in support of our nation, no matter what state they serve in. We urge the remaining states who have not yet complied with Department of Defense policy to do so quickly and affirm their commitment to all military families."

Facebook Graphic Of The Day

Source.

OKLAHOMA: Gov Denies National Guard Spousal Benefits To ALL Married Couples

GOP Oklahoma Gov. Mary Fallin today announced that ALL married couples, including straight ones, will be denied marriage benefits at the state's National Guard bases. Last month Fallin threatened to sue the federal government rather than comply with the edict handed down by Defense Secretary Chuck Hagel.

In announcing the decision, Fallin said "Oklahoma law is clear. The state of Oklahoma does not recognize same-sex marriages, nor does it confer marriage benefits to same-sex couples. The decision reached today allows the National Guard to obey Oklahoma law without violating federal rules or policies. It protects the integrity of our state constitution and sends a message to the federal government that they cannot simply ignore our laws or the will of the people." But Hagel has said he will fight the battle to provide equal access to all National Guard families, regardless of sexual orientation. "All spouses of service members are entitled to DoD ID cards, and the benefits that come with them," Hagel said last month. "But several states today are refusing to issue these IDs to same-sex spouses at National Guard facilities. Not only does this violate the states’ obligations under federal law, but their actions have created hardship and inequality by forcing couples to travel long distances to federal military bases to obtain the ID cards they’re entitled to."

Couples who already have their ID cards will continue to be allowed to access benefits. All future applicants, gay and straight, must now travel to a federal facility to get those cards.

UPDATE: I tweeted this post to Fallin and she's responded with the below spin-spin-spin tweet.

KENTUCKY: Gov Caves, National Guard Spouses To Get Federal Benefits

From the Louisville Courier-Journal:

Despite Kentucky’s ban on gay marriages, Gov. Steve Beshear has decided to allow spouses of gay National Guard members to apply for federal marriage benefits. Kentucky Adjutant General Edward Tonini recommended the state follow Defense Department policy and a U.S. Supreme Court’s ruling, and Beshear affirmed it, said Kerri Richardson, the governor’s spokeswoman. “They’re service members applying for benefits, so we give them to them,” said Lt. Col. Kirk Hilbrecht, a Guard spokesman. So far, five states — Texas, Oklahoma, Georgia, Louisiana and Mississippi — have defied Defense Secretary Chuck Hagel’s order that gay spouses be given the same federal benefits as heterosexuals.

Six States Continue To Defy Pentagon On Spousal Benefits For Gay Servicemembers

The New York Times reports:

While a majority of states ban same-sex marriages, most are not fighting the new policy. But Pentagon officials say that in addition to Texas, Georgia, Louisiana, Mississippi, Oklahoma and West Virginia have balked. Each has cited a conflict with state laws that do not recognize same-sex marriages. (A West Virginia official said, however, that the state intended to follow the directive.) While the president has the power to call National Guard units into federal service — and nearly all Guard funding comes from the federal government — the states say the units are state agencies that must abide by state laws. Requiring same-sex Guard spouses to go to federally owned bases “protects the integrity of our state Constitution and sends a message to the federal government that they cannot simply ignore our laws or the will of the people,” Gov. Mary Fallin of Oklahoma said last week.

Officials in the six states claim that they are not literally defying the Pentagon because couples can still obtain the necessary documents on federal bases, some of which are hours away from National Guard locations.

MISSISSIPPI: Governor To Defy Hagel on Spousal Benefits For National Guard

Mississippi Gov. Phil Bryan says that he will defy Defense Secretary Chuck Hagel, who has ordered state National Guard units to grant benefits to the spouses of gay military members. 

Bryant’s stand sets up a showdown with the Pentagon at a time Mississippi is trying to hang on to its military installations and is seeking to show it is a strong partner of the military. The governor’s is refusing to lift the state’s Army National Guard ban on spouses in gay marriages being eligible for IDs necessary to obtain benefits — a circumstance Secretary of Defense Chuck Hagel says he will not abide. Bryant says he does not have the constitutional authority to lift the ban. “The Mississippi Constitution clearly defines marriage as a union between one man and one woman and expressly prohibits the recognition of same-sex marriages performed in other jurisdictions,” Bryant said through a spokesman. The state’s stand on same-sex marriage benefits could affect Mississippi’s chances for keeping military bases in a new round of base closings, though Mississippi won’t be alone. Eight other states have taken the same stand and could face the same consequences.

Eight states have not yet complied. Oklahoma Gov. Mary Fallin says she might sue to stop Hagel's edict.

OKLAHOMA: Governor Might Sue To Block National Guard Benefits For Gays

On Thursday, Defense Secretary Chuck Hagel announced that he was ordering all National Guard units to comply with Pentagon policy regarding spousal benefits for gay soldiers. Oklahoma Gov. Mary Fallin may go to court to stop him.

Alex Weintz, spokesman for Gov. Mary Fallin, said she “is working with Oklahoma Attorney General Scott Pruitt to evaluate the legal options available to the Oklahoma National Guard.” Weintz stopped short of saying Oklahoma will refuse to follow Hagel’s order, but made it clear Fallin would not go along with it willingly. “Gov. Fallin is calling on President Obama and Secretary Hagel to stop using the National Guard as a pawn in a larger social agenda,” said Weintz. “The president has made it clear he supports gay marriage. He has the legal authority to order federal agencies to recognize gay marriages. He does not have the legal authority to force state agencies to do so, or to unilaterally rewrite state laws or state constitutions.”

Following Hagel's edict, Indiana's Attorney General agreed to comply. Other states who have not yet done so: Oklahoma, Florida, Georgia, Louisiana, Mississippi, South Carolina, Texas and West Virginia.

Defense Secretary Chuck Hagel To Squash Rogue National Guard Units

As I've reported several times, National Guard units in several states have refused to grant spousal benefits to legally married gay couples, claiming that state laws supersede federal military policies. That's going to stop. From a speech given last night by Secretary of Defense Chuck Hagel:

Today, I directed the Chief of the National Guard Bureau, General Frank Grass, to take immediate action to remedy this situation. At my direction, he will meet with the Adjutants General from the states where these ID cards are being denied. The Adjutants General will be expected to comply with both lawful direction and DoD policy, in line with the practices of 45 other states and jurisdictions. Whether they are responding to natural disasters here at home, in their states, or fighting in Afghanistan, our National Guardsmen all wear the uniform of the United States of America. They are serving this country. They – and their families – are entitled to all the benefits and respect accorded to all of our military men and women.

Read the full speech.

Tony Perkins Praises Renegade National Guard Units For Defying The Pentagon

"As we've already seen in places like Louisiana, Texas, and Mississippi, not every state is willing to roll over and ignore its own marriage policy. The National Guard offices there have already started bucking the Pentagon and refusing to process requests from same-sex couples for benefits like ID cards and other privileges. Major General John Nichols, the commanding general of Texas Military Forces, made it clear that the state's marriage law comes first. If Guardsmen want to take advantage of the Pentagon's directive, Nichols said they have to enroll at a federal installation. In a letter to local service members, he stood his ground on the Texas Constitution, which only recognizes man-woman marriage. In the end, this new clash between federal and state entities just goes to show why the Defense of Marriage Act was so necessary in the first place!" - Hate group leader Tony Perkins, via email.

National Guard Marches In LA Pride

Via press release from John Perez, openly gay Speaker of the California Assembly:

In a series of firsts, a delegation from the California National Guard, led by its Adjutant General, Maj. Gen. David S. Baldwin, took part in L.A. Pride, joining Assembly Speaker John A. Pérez (D-Los Angeles), the first openly gay person elected Speaker, in yesterday’s Pride Parade. This marks the first time a U.S. National Guard force has directly outreached to the LGBT community at Pride.

The California National Guard also had its first-ever recruiting booth at the Pride Festival following the parade. Several of the Guardsmen marching alongside Speaker Pérez and Maj. Gen. Baldwin are gay and were marching openly for the first time as members of the Armed Forces.

“The overwhelmingly positive response to the California National Guard from Pride participants today was matched only by the respect and enthusiasm the Guard showed toward our community,” Speaker Pérez said. “Today makes it absolutely clear the Guard is committed to including and reflecting all the people they serve.”

“We are a performance-based force, and one's sexual orientation shouldn't affect their ability to serve and excel,” said Maj. Gen. Baldwin. “Duty to one's state and nation - not sexual orientation - is the defining trait of our soldiers and airmen.”