Posted by lex, on October 28th, 2011
This should not come as much of a surprise:
Gay and lesbian service members and veterans plan to file suit Thursday challenging the constitutionality of the federal ban on gay marriage and federal policy that define a spouse as a person of the opposite sex.
The suit comes five weeks after the Pentagon ended its ban on gays in the military…
The suit also challenges provisions of federal code regarding spouses that lawyers said bar gay couples from accessing benefits provided by the Pentagon and the Department of Veterans Affairs. Those benefits include military identification cards, access to bases, recreational programs, spousal support groups and burial rights at national cemeteries.
Long time readers of these pages will remember that this was a long ago predicted consequence of ending DADT. Once you’ve accepted that there is a “right to serve”, you have to extend other rights as well; housing, medical benefits, hospital visitations, etc. Military law is federal law, and it can and will be cited in non-military federal suits as precedence.
It remains my considered opinion that the campaign to end DADT had little to do with military service, and everything to do with nationalizing the LBGT agenda. That’s step three.
Which, farewell federalism, but well played.