Texas National Guard refuses benefits to married same-sex couple

Tuesday marks the first day that the U.S. armed forces started offering partner benefits, including military IDs, to troops with same-sex spouses after a period of implementation this year. In the wake of the Supreme Court decision against the Defense of Marriage Act, gay troops are now eligible for major spousal benefits, including health and pension benefits as well as equal access to housing.

Alicia Butler, an Austin, Texas, attorney, said she was rejected when she tried to register with the Defense Enrollment Eligibility Reporting System, or DEERS, the military’s health benefits system, when she applied on Tuesday at Camp Mabry, where her spouse, Judith Chedville, a nurse and Iraq war veteran, is stationed as a member of the National Guard.

“We were told that Texas would not register us into the system and would not issue an ID card for me,” Butler said. “We were told that if she was active duty they would do that for me, but not for a National Guard member because she’s part of the Texas National Guard.”

The explanation the couple was given, Butler said, was that they were denied because she and her spouse are the same gender. Butler said she and her spouse were legally married in California.

The American Military Partner Association, an LGBT military group, says it was leaked guidance indicating that Texas Military Forces, or the Texas National Guard, wouldn’t honor the U.S. armed forces’ plan to begin offering partner benefits to gay troops because the Texas Constitution prohibits same-sex marriage.

“The TXMF is a state agency under the authority and direction of the Texas state government,” the guidance states. “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. Due to this potential conflict, we are unable to enroll same-sex families into DEERs at our state supported facilities until we receive legal clarification.”

Similar to what Butler and Chedville were told, the guidance says troops who are affected by this issue should seek a federal facility to apply for benefits.

“However, the TXMF remains committed to ensuring its military personnel and their families receive the benefits to which they are entitled,” the guidance states. “As such, we encourage anyone affected by this issue to enroll for benefits at a federal installation.”

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