Q Toon: Offense of Marriage

In August, Defense Secretary Chuck Hagel announced that, in keeping with the Supreme Court ruling striking down the Defense of Marriage Act’s denial of federal benefits to legally married same-sex couples, spousal benefits must be given to the legally wed same-sex spouses of military personnel.  Governors in several red states with marriage inequality written into their state constitutions announced that they would refuse to extend those benefits to National Guard personnel in their states. 

As of mid-November, National Guard units in eight states —Texas, Mississippi, Louisiana, Oklahoma, Georgia, Florida, South Carolina and West Virginia — were refusing to process applications for benefits at Guard facilities,  or issue the identification card needed to claim benefits and access medical services on the Guard member’s home base. Since then the situation has improved somewhat. West Virginia changed course and Texas struck a deal with the Pentagon, under which federal personnel enroll same-sex spouses at state facilities. Oklahoma, Florida and South Carolina, which were forcing same-sex spouses to travel to federal facilities in order to apply for benefits, are now subjecting all spouses to that trek. (That’s one way of achieving equality.) That leaves only three states, Mississippi, Louisiana and Georgia, in outright rebellion.

I guess I should have drawn South Carolina Governor Nikki Haley in this week's cartoon instead of Texas's Rick Perry. I did, however, include Mississippi Governor Phil Bryant. Well, sort of. He's that shock of white hair hiding behind Perry and Oklahoma Governor Mary Fallin.

Q Toon: The Theoconoclasts

Now that gay and lesbian military personnel no longer have to lie about themselves, and since some of them are able to marry, a group of service members and veterans has filed a lawsuit that the federal Defense of Marriage Act (DOMA) is discriminatory. DOMA, passed by the Republican Congress in July, 1996 and signed into law by President Bill Clinton, forbids any aspect of the federal government from recognizing the marriage of any same-sex couple in any way.

From the Washington Post:

Massachusetts Army National Guard Maj. Shannon McLaughlin, 41, and her wife, Casey, 34, are serving as lead plaintiffs in the suit, which includes five other troops and two career Army and Navy veterans. The McLaughlins, from Foxboro, Mass., married in December 2009 and have 10-month old twins. Massachusetts legalized same-sex marriage in 2004.

Although Shannon pays for the twins’ health care through her military benefits, Casey, a former high school history teacher who gave birth to the twins, pays about $700 a month for a separate health-care account, the couple said. ...If Shannon is deployed, Casey would be barred from taking the twins to regular medical appointments at a nearby military base, the couple said.

“What Shannon and Casey are seeking is the same treatment that their straight counterparts, who are legally married, receive every day without question and take for granted,” said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, which helped organize the suit and once represented troops discharged for violating “don’t ask, don’t tell.”

Likewise, same-sex widows and widowers of servicemembers are ineligible for survivors' benefits, unlike different-sex widows and widowers. Happily, there is nobody yet with standing to bring suit in that respect, but someone will inevitably be in that position someday.

It will be interesting to see how this legal issue plays out in court -- if the Republican-dominated state legislatures produced by the 2010 elections don't fast track a constitutional amendment first.