{"id":20992,"date":"2013-01-10T02:44:02","date_gmt":"2013-01-10T05:44:02","guid":{"rendered":"http:\/\/christianfighterpilot.com\/blog\/?p=20992"},"modified":"2016-11-26T01:59:45","modified_gmt":"2016-11-26T04:59:45","slug":"usmc-lawyers-say-spouse-groups-must-accept-homosexuals","status":"publish","type":"post","link":"https:\/\/christianfighterpilot.com\/blog\/2013\/01\/10\/usmc-lawyers-say-spouse-groups-must-accept-homosexuals\/","title":{"rendered":"USMC Lawyers say Spouse Groups Must Accept Homosexuals"},"content":{"rendered":"

If DADT repeal was such a benign ‘non-event<\/a>,’ why are incidents like this erupting into scandals more than a year later?<\/p>\n

The top lawyer in the US Marine Corps has reportedly told the Marine legal community that, to avoid “a stir” as seen at Fort Bragg<\/a>, spouse groups operating on Marine installations must accept homosexuals<\/a>:<\/p>\n

The memo noted that spouses clubs and various other private institutions are allowed to operate on bases only if they adhere to a non-discrimination policy encompassing race, religion, gender, age, disability and national origin.<\/p>\n

\u201cWe would interpret a spouses club\u2019s decision to exclude a same-sex spouse as sexual discrimination because the exclusion was based upon the spouse\u2019s sex,\u201d the memo said.<\/p><\/blockquote>\n

This appears to be legal advice within the legal community and, as noted before, military lawyers do not make decisions about military policy (nor are they always right<\/a>).\u00a0 However, the article does not cite a Marine policymaker contradicting the legal edict.\u00a0 That said, the memo itself does not appear to have been intended for public release.<\/p>\n

The basic premise appears to be that if a woman is married to a man and he is permitted to join a spouse group, while a woman who is “married” to a woman is not, then the group is discriminating on the basis of the second party’s gender.<\/p>\n

That legal advice, only portions of which have been made public, may stumble in one regard:\u00a0 It presupposes both couples (in the hypothetical example) are married<\/em>.\u00a0 But the military is, by law, prevented <\/em>from recognizing homosexuals as married (in the Defense of Marriage Act).<\/p>\n

Thus, in the same hypothetical example viewed consistent with federal<\/em> law, there is no discrimination <\/em>based on gender.\u00a0 From the government’s viewpoint, the second couple is actually single, because the homosexual relationship is not recognized as marital.<\/p>\n

Officially, the relationship between the homosexuals is no different than an unmarried heterosexual couple living together.\u00a0 While there most certainly is <\/em>discrimination based on marital status (something no one has challenged), the gender of the parties involved is irrelevant — which means there is no gender discrimination.<\/p>\n

That makes the situation more awkward.\u00a0 If the Marines can’t base their requirement on “gender discrimination,” the only issue left is sexual preference.\u00a0 Yet if they mandated policies based on sexuality, they would potentially be elevating homosexuality to a “protected class,” which the DoD doesn’t recognize, or granting them “special treatment” based on their choice of sexual partners.\u00a0 After all, the policy change doesn’t cover unmarried heterosexuals<\/em>, just unmarried homosexuals<\/em>.<\/p>\n

For the time being, this policy is limited to the Marine Corps.\u00a0 For example, the Army has reportedly indicated<\/a> it\u00a0continues to follow DoD policy in the handling of the Fort Bragg kerfuffle.\u00a0 Since the spouse group is acting within the law, the Army will not take action.<\/p>\n

Some people still seem to think<\/a> DADT repeal was a non-event.\u00a0 Others seem to think this is only the beginning<\/a>.<\/p>\n

Ret. Lt. Gen. Jerry Boykin, told Fox News that he\u2019s not surprised by the Marine Corps\u2019 decision.<\/p>\n

\u201cIt should be expected,\u201d said Boykin, an executive vice president of the Family Research Council. \u201cWhen Don\u2019t Ask Don\u2019t Tell was repealed, it opened the door to all kinds of things that are counter to the traditions and the good order and discipline of the military.\u201d<\/p><\/blockquote>\n

Further:<\/p>\n

\u201cThis is very disappointing news,\u201d said Ron Crews, executive director of Chaplain Alliance. \u201cThis is very concerning that the Marine Corps is pressing forward with this agenda and ignoring federal law…\u201d<\/p>\n

Crews said it appears that the fears of religious liberty groups have come true.<\/p>\n

\u201cThe repeal of Don\u2019t Ask Don\u2019t Tell was one step in a long process to eventually work for the overthrow for the Defense of Marriage Act,\u201d he said. \u201cThat\u2019s what\u2019s happening now.\u201d<\/p><\/blockquote>\n

Also at ABCNews<\/a>.<\/p>\n

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