Though “Don’t Ask, Don’t Tell” has been repealed, its controversies continue.

Military chaplains can preside over same-sex marriages on military installations in places where same-sex marriage is not prohibited by state and local laws, according to a new Pentagon policy unveiled Sept. 30.

Having the ability to “preside over” ceremonies was never really in question.  Rather, the grand controversy was the use of federal facilities to conduct ceremonies not recognized by federal law.  Though not specifically referring to same-sex ceremonies, this, too was addressed: 

In a separate memo also released Sept. 30, the Pentagon’s top lawyer, Jeh Johnson, said decisions about the use of Defense Department “real property and facilities, private functions for religious and other ceremonies, should be made on a sexual-orientation-neutral basis, provided such use is not prohibited by applicable state and local laws.”

The policies, signed by General Counsel Jeh Johnson and defense Undersecretary for Personnel and Readiness Clifford Stanley, were likewise announced on official military websites.

The deference to state law is somewhat unusual; for example, in states where medicinal marijuana is permitted, it still isn’t legal to possess or use marijuana on federal facilities.  Likewise, federal legal recognition of marriage is limited by the Defense of Marriage Act.  Though, as some have pointed out, the distinction between what Chaplains do “ceremoniously” versus “legally” may be important.

In addition, members of Congress — who write the policies governing the military — previously expressed opposition to the Navy policy allowing this very thing (before it was abruptly reversed).  In fact, Representative Todd Akin (R-MO) has already called the Pentagon guidance a violation of federal law.

This appears to be the latest policy change in response to the repeal of “Don’t Ask, Don’t Tell,” though this one was enacted well after repeal was decided.

Archbishop Timothy Broglio, head of the Archdiocese for the Military Services in the US, which endorses Catholic Chaplains in the US military, was one who spoke out against the policy, noting its apparent contradiction with federal law:

Broglio said he believes the Pentagon’s policy is contrary to the federal law that prohibits the federal government from recognizing same-sex marriages.

Also noted at the Stars and Stripes, the Christian Post, FoxNews, CNN, USAToday, and ArmyChaplaincy.com.