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AUSTIN—At the instruction of Gov. Rick Perry, the Texas National Guard will not process requests for benefits by the spouses of same-sex couples, abiding by the state’s ban on same-sex marriage affirmed by voters in 2005.
The Pentagon allowed homosexuals in the military to begin applying for marriage benefits Sept. 1, but applicants in Texas were redirected to federal military bases to obtain identification cards and apply for health coverage since the Texas Military Forces refuses to process them.
The change in benefits is a consequence of the U.S. Supreme Court decision June 26 regarding the Defense of Marriage Act, affirming a lower court’s ruling that struck down the section defining marriage as a heterosexual union for purposes of such matters as federal benefits. The decision also prompted a change by the Internal Revenue Service allowing same-sex couples to file federal income tax returns as married partners.
Texas Military Forces oversee National Guard units within the state, but agency spokeswoman Laura Lopez told the Associated Press that TMF “remains committed to ensuring military personnel and their families receive the benefits to which they are entitled.”
Maj. Gen. John Nichols, the commanding general appointed by the Texas governor, underscored his duty to abide by Texas law, but said the Texas National Guard, Texas Air Guard and Texas State Guard would not deny anyone benefits, providing a list of 22 federally operated bases where those applicants could enroll. “This is a processing issue, not a denial of benefits issue,” he was reported as saying.
Of the 13 states that ban same-sex marriage, Texas, Louisiana and Mississippi are the only ones restricting how same-sex spouses of National Guard members apply for benefits.
