Texas Guard Denies Same-Sex Spouses Benefits

(GayWebSource.com – Gay Media & Press Network) – Posted by Doug Magditch – HisBigD.com

Tuesday, a Department of Defense policy change went into effect, giving the spouses of LGBT military service members a range of federal benefits. The DoD announced the policy change last month. It is meant to apply to all same-sex spouses of service members in all branches of the military.

…But the Texas Military Forces (TXMF) said it won’t honor the policy change at its state facilities. TXMF includes the Texas Army National Guard, Texas Army National Guard, the Texas Air National Guard, the Texas State Guard and the Domestic Operations Command.

Friday, August 3, Major General John Nichols, the TXMF Adjutant General, sent a memo explaining that the policy change violates Texas law.

“The TXMF is a state agency under the authority and direction of the Texas state government. Therefore, the TXMF must consider that the Texas Constitution and Texas Family Code 6.204 conflicts with the DoD policy extending benefits to same-sex spouses,” states the memo (in part). See the full memo below.

Among the new benefits available to same-sex spouses are military I.D. cards, healthcare coverage, housing allowances and survivor benefits.

A statement sent from TXMF later clarified the stance:

The Texas Military Forces remains committed to ensuring military personnel and their families receive the benefits to which they are entitled. As such, we fully support same-sex families enrolling for benefits at the nearest federal installation.

Additionally, our goal in the Texas Military Forces is to provide the benefits available to our Soldiers and Airmen under existing federal law and policy, while also adhering to applicable Texas state law. The Texas Military Forces will continue to follow state law until legal clarification is received from the Texas State Attorney General.

It is important to note that Soldiers and Airmen are NOT being denied any benefits, there are multiple federal locations throughout the state where they can enroll for same sex benefits.

Texas Guard members will still be able to apply for benefits, but only at federal facilities. A spokesman for Texas Attorney General Greg Abbott’s Office would not offer any explanation of how or if it will offer legal clarification. He said they “had nothing to say at this time.”

“To be fair, fairness doesn’t have caveats. If the laws are really going to be equitable, then same-sex couples are going to be entitled to the same rights and benefits that all married couples in this country enjoy as well,” said Cece Cox, Executive Director of the Resource Center Dallas. “It seems like Texas is messing around with its military families.”