By Susan Brinkmann, OCDS
Staff Journalist
With the end of the U.S. military’s “Don’t Ask Don’t Tell” policy, which prohibited homosexuals from serving openly in the armed forces, the Office of the Chief of Navy Chaplains has sent out instructions that will allow chaplains to perform same-sex marriages in states where it is legal.
CNSNews.com is reporting that the April 13 memo was issued to all chaplains by Admiral Michael Tidd, Chief of Navy Chaplains. In the memo, Tidd informs the chaplains that they are revising their training manuals to allow these unions to be performed wherever they are legal in the U.S. Previously, the manuals stated that these ceremonies could not take place on federal property.
“If the base is located in a state where same-sex marriage is legal, then the base facilities may be used to celebrate the marriage,” the admiral’s directive states.
Chaplains are given permission to “marry” homosexual couples, but would not be forced to perform them.
“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 the 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,” the new rules state.
However, lawmakers and the legal community are expressing concern over the directives because they may be violating the Defense of Marriage Act, which is federal law.
But Rep. Todd Akin (R-Mo.), a member of the House Armed Services Committee, is concerned that, in its haste to “hustle-in homosexuality,” the Navy may be violating federal law – the Defense of Marriage Act.
“Offering up federal facilities and federal employees for same-sex marriage violates DOMA, which is still the law of the land and is bound to the duties of our military, including chaplains,” said Steve Taylor, communications director for Rep. Todd Akin (R-MO) who is a member of the House Armed Services Committee.
“The administration and various states may be operating as if DOMA doesn’t exist, but the Navy and Marine Corps and all the Armed Services are sworn to obey the law, which this new instruction violates,” he told CNS.
Tom McCLusky, senior vice president of government relations at the Family Research Council, also believes the Navy is ignoring DOMA.
“You’re talking about government facilities and government employees, so it would seem to be a direct violation of DOMA,” McClusky told CNSNews.com. “I’m not seeing a lot of wiggle room there.”
Months ago, those who opposed repealing the policy expressed fears that it would lead to efforts to introduce same-sex marriage, but were dismissed at the time.
“This is what we thought was going to happen, and unfortunately now its happening,” McClusky said.
“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,” he added.
“The president may think he’s above the law, but he’s not. If he has a problem with the Defense of Marriage Act, that’s something that he needs to address legislatively, not just by ignoring it.”
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