Ga. National Guard will ignore Pentagon directive to recognize same-sex spouses


#1

From the Atlanta Journal Constitution:The Georgia National Guard this afternoon indicated it intends to ignore a directive from Defense Secretary Chuck Hagel and will continue to send same-sex spouses of National Guard personnel elsewhere for benefits guaranteed by the Pentagon.

Here’s the statement received late Friday from Joseph Quimby, deputy director of public affairs for the state Department of Defense:

*“The State of Georgia does not recognize same sex marriages and is not authorizing the Georgia National Guard to process the applications for same-sex married benefits at state facilities. Any personnel seeking to apply for same-sex married benefits will be referred to federal facilities.”*

For those who aren’t familiar with how the National Guard works, a little explanation is in order. The National Guard is actually the state’s militia. They are uniformed troops that are accountable to the governor of the respective state.

National Guard units are also part of the US military for war planning purposes. They receive equipment and training from the US Department of Defense and, because of this, are expected to maintain the combat readiness of the equipment and have their personnel trained to support US wartime commitments. However, the salaries of the personnel are paid for by the state…therefore, the people are accountable to the governor of the state.

This status changes when they are mobilized and put on federal orders (such as if a national guard unit deploys to Afghanistan). When that happens, they become eligible for the same benefits as active duty troops.
*
(Note: there are a few notable exceptions, such as reserve technicians that are federal civil service employees during the week and guardsmen during the weekend…as well as guardsmen who are on federal orders for other than wartime purposes, such as those who work at the National Guard Bureau)*

The way I interpret the Georgia Guard’s statement is that the State of Georgia does not recognize so-called “same sex marriage” and will not have employees being paid by the State of Georgia or have computers and other resources owned by the State of Georgia used in any way to acknowledge an institution they do not recognize. However, they are not forbidding guardsmen from registering “same sex dependents;” they are telling Georgia Guardsmen that they must go to a federal facility (such as Ft Benning, Ft Stewart, Hunter AAF, or Robins AFB) if they wish to participate in a federal program that is not recognized by the state.

A VERY smart way to accomplish this task…my kudos to the State of Georgia for handling that very smoothly. :thumbsup:


#2

Georgia will be brought into compliance along with the other holdout States soon enough. They don’t have the authority to deny same-sex spouses their ID cards.


#3

They can get one right now.

From a federal facility (of which there are plenty in Georgia).


#4

As mentioned, this is a federal program with federal eligibility requirements and federal policies. Georgia doesn’t have the authority to violate those policies by discriminating against same-sex spouses. They might be able to get away refusing to issue the ID cards to ANYONE at a state facility, but they will not get away with discriminating against same-sex spouses.


#5

Sure they will.


#6

There’s a reason why I don’t think same-sex marriage at the national level is possible. This is one of them.


#7

The national guard is not a state militia. They are federal troops under the command of a governor. A state militia is not a federal military. A modern state militia would be like the one Virginia has – in addition to their national guard – which is independent of the federal government, and completely subservient to the governor of the state.


#8

makes me proud to live in Georgia!


#9

10 USC § 311 - Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.


#10

Rather chilling to hear those speaking of ‘compliance.’ What next, “Georgia will be assimilated?”


#11

This is not the first time a Southern state has ignored Federal directives. Although for different purposes. The civil war is a great example. I think we are in a nation and not a loose confederation of different states.

Texas where I exist is a great example. We don’t have Medicaid, only a greatly reduced version of it, which makes it difficult for the elderly, infirm, and poor.


#12

Which is not a state militia…


#13

Sorry.
AS 26.05.010. Alaska Militia Established.

(a) The militia of the state consists of all able-bodied citizens of the United States and all other able-bodied persons who have declared their intention to become citizens of the United States, who reside in the state, who are at least 17 years of age, and who are eligible for military service under the laws of the United States or this state. (b) The militia is divided into two classes: (1) the organized militia, consisting of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force; and (2) the unorganized militia, consisting of all qualified persons available for service but not serving in the organized militia. © The adjutant general may, by regulation, prescribe the maximum age for eligibility in the militia.

CAL. MVC. CODE § 120 : California Code - Section 120

The militia of the State shall consist of the National Guard, State Military Reserve and the Naval Militia–which constitute the active militia–and the unorganized militia.

The 2010 Florida Statutes(including Special Session A)
250.02 Militia.—
(1) The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens.
(2) The organized militia is composed of the National Guard and any other organized military forces that are authorized by law.
(3) The unorganized militia is composed of all persons who are subject to military duty but who are not members of units of the organized militia.
(4) Only persons exempt from military duty by the terms of federal law are exempt from military duty in this state.
Texas:

Sec. 431.001. DEFINITIONS. In this chapter:

(1) “Reserve militia” means the persons liable to serve, but not serving, in the state military forces.

(1-a) “Servicemember” has the meaning assigned by Section 161.551, Health and Safety Code.

(2) “State militia” means the state military forces and the reserve militia.

(3) “State military forces” means the Texas National Guard, the Texas State Guard, and any other active militia or military force organized under state law.

(4) “Texas National Guard” means the Texas Army National Guard and the Texas Air National Guard.

(5) “Employee” has the meaning assigned by Section 21.002, Labor Code.

(6) “Employer” has the meaning assigned by Section 21.002, Labor Code.

(7) “Political subdivision” has the meaning assigned by Section 21.002, Labor Code.

Md. PUBLIC SAFETY Code Ann. § 13-203 (2013)

§ 13-203. Organized and unorganized militia

(a) Classes. – There are two classes of State militia:

(1) the organized militia; and

(2) the unorganized militia.

(b) Organized militia. – The organized militia of the State consists of:

(1) the National Guard;

(2) the Inactive National Guard; and

(3) the Maryland Defense Force.

© Unorganized militia. – The unorganized militia consists of those individuals described under § 13-202 of this subtitle but who are not regularly enlisted or commissioned in the organized militia.
Perhaps you could give me an example of where a state does not consider the National Guard within the state as part of the state militia…


#14

So it appears Georgia is not the only one…add Texas to this mix.

From Stars and Stripes
Gov. Rick Perry stood his ground Friday in a showdown with the Pentagon over processing benefits for same-sex couples at National Guard offices, possibly setting the stage for yet another court battle with the federal government.

A spokesman for the governor insisted that the Texas National Guard would not process marriage certificates for same-sex couples, despite an order this week by Defense Secretary Chuck Hagel to do so.

(snip)

“I guess I couldn’t be surprised that someone from the Obama administration is trying to force their will onto the states and bypass the state’s constitutional authority to govern itself,” Perry spokesman Josh Havens said, adding the governor had “every intent to uphold the Texas Constitution and state law.”

Asked if Texas would go to court, he replied, “I think we have a pretty good track record of defending our state laws.”


#15

Simply awful. This isn’t standing up for principle this is intransigence


#16

The National Guard belongs to and is a state organization. The federal government can federalize it, but the NG isn’t a federal organization. Hence the different funding requirements for NG soldiers using federal programs (such as attending PLDC on a federal installation), and the different oaths NG soldiers take.


#17

Didn’t our founding fathers write the Constitution to include the guarantee that individual states have the right to determine what laws would govern those individual states?


#18

Nope. They are federal troops the federal government provides to the governor of a state. A state militia is a militia composed of soldiers of that state, not the federal government.

There is a pretty big difference between federal and state, and the fact that people don’t seem to understand that sort of speaks to the problems we have today.

A state militia will not be composed of federal troops. National guard troops are federal troops, not state troops.

If you look back to the time before state militias went into decline (After Civil War), you had units like the 7th cavalry (federal) as opposed to units like the Irish Brigade (state).

In the Battle of New Orleans (1815), you had federal troops (7th and 44th infrantry) fighting alongside state militias (Orleans Rifle Company, Tennessee militia, Kentucky militia).

There is a fundamental distinction between a state and federal militia. There always has been. It’s factually incorrect to label national guard units as state militias. They are federal troops on loan to a governor.

The example I gave previously (the Virginia militia) is still in existence. It’s a militia of state soldiers.


#19

In the Armed Forces EXCEPT the National Guard (Army or Air)

I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

In the National Guard (Army or Air)

I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the State of (STATE NAME) against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the Governor of (STATE NAME) and the orders of the officers appointed over me, according to law and regulations. So help me God.

The NG belongs to the state. The federal aspect to it has developed over time and usage (particularly during WW1 and 2), but it’s still a state entity and state militia. Hence the different enlistment oaths, differences in contracts, priority in training, promotion criteria, manning requirements, deployment criteria, benefits, usage within the US (Posse Comitatus Act), etc, etc, etc.

As for Virginia, you might want to actually read what you are linking- “The Virginia Defense Force (VDF) is the official state defense force of Virginia, **one of the three components of Virginia’s state military **along with the Virginia National Guard and the Virginia Air National Guard; with a current roster of over 1000 Soldiers.”

Notice how the VDF is just “one of the three components of Virginia’s state military.”


#20

Praise be to God! I hope and pray that many more will have the same courage to stand up for what is right!


DISCLAIMER: The views and opinions expressed in these forums do not necessarily reflect those of Catholic Answers. For official apologetics resources please visit www.catholic.com.