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annabanana

(52,791 posts)
Thu Nov 21, 2013, 08:01 AM Nov 2013

What are the potential consequences for States refusing the DOD orders re: equal rights?

What happens to those defiant states that will not issue spousal ID cards to same sex couples?

Are there penalties in place that can be brought into play? We're talking the military here. Surely insurrection and refusal to obey lawful orders have some consequences...

11 replies = new reply since forum marked as read
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What are the potential consequences for States refusing the DOD orders re: equal rights? (Original Post) annabanana Nov 2013 OP
What is a "spousal ID card" jberryhill Nov 2013 #1
I'm talking about the card annabanana Nov 2013 #2
Those aren't issued by states jberryhill Nov 2013 #4
You should read up on the topic then, because you do not understand what is going on. cleanhippie Nov 2013 #9
to my knowledge the states do not issue anything. littlewolf Nov 2013 #3
Federal facilities issue military ID cards. So National Guard members can travel Solly Mack Nov 2013 #5
DoD considers a state in compliance if benefits are accessible at federal facilities pinboy3niner Nov 2013 #6
Yes, I read that article the other day. Solly Mack Nov 2013 #7
Would the House have to act to cut the Federal Funding for non-compliant States? annabanana Nov 2013 #8
The Defense Sec has say over funds. Katashi_itto Nov 2013 #10
No idea. Solly Mack Nov 2013 #11
 

jberryhill

(62,444 posts)
1. What is a "spousal ID card"
Thu Nov 21, 2013, 08:30 AM
Nov 2013

I don't have anything issued by my state which indicates I'm married. I have a marriage certificate from some other state, but what is a "spousal ID card"?

littlewolf

(3,813 posts)
3. to my knowledge the states do not issue anything.
Thu Nov 21, 2013, 08:56 AM
Nov 2013

the base does. and since they are all under DoD, they will issue said cards,
as long as you have the correct paperwork.
the states do not have anything to do with anything.

Solly Mack

(90,773 posts)
5. Federal facilities issue military ID cards. So National Guard members can travel
Thu Nov 21, 2013, 09:40 AM
Nov 2013

to a nearby (or nearest) federal facility and get a card. They shouldn't have to travel to do so since military ID machines are located in NG units. And it's a petty and vindictive act to make them to do so. Some would have to travel long hours there and back just to get an ID. Straight couples can get their ID locally and it is insulting to force same-sex couples to do otherwise.

Some states are telling NG facilities to not issue ID cards at the NG unit. They're claiming state law (anti-equality) prevents them from doing so. But it's really just them being petty little bigots.

I don't know what the federal government will do to enforce the measure.

Federal funds to those states NG units can be cut and since federal funding is the primary funding for National Guard units, that would be a blow.

I do know there is a December 1 deadline for the states still refusing to issue ID for NG dependents. This deadline applies to the NG commanders and NG facilities (of all states) and was issued from the Chief of NG Bureau. They must have a plan in place by then for being in compliance to the DoD directive.



pinboy3niner

(53,339 posts)
6. DoD considers a state in compliance if benefits are accessible at federal facilities
Thu Nov 21, 2013, 10:01 AM
Nov 2013

They are counting it as compliance if benefits are available in-state, even if not at state-owned facilities.

In some cases, such as Florida, the state avoided continuing a clash with the Pentagon by agreeing that the IDs would be processed for both straight and gay dependents from federal offices – not state, Grass said.

http://www.military.com/daily-news/2013/11/19/guard-state-holdouts-will-issue-same-sex-ids.html?comp=7000023317828&rank=1


ThinkProgress noted about the status of Oklahoma:

Update

Because all of Oklahoma’s National Guard ID-printing machines are now in place and operating on federal properties, the state is technically considered to be in compliance with federal directives. Married couples can only apply for benefits at those federal facilities, and not at any of the state-owned facilities.


Update

Gov. Fallin has tried to distance herself from this story, using social media to say, “To set the record straight – no National Guardsman in Oklahoma is being denied marriage benefits. Stories that suggest otherwise are false.” This is technically true, but those benefits can now only be obtained at federal facilities in Oklahoma, which could require couples to drive extended distances even when there are are state facilities closer by.

http://thinkprogress.org/lgbt/2013/11/19/2970531/oklahoma-national-guard/

Solly Mack

(90,773 posts)
7. Yes, I read that article the other day.
Thu Nov 21, 2013, 10:16 AM
Nov 2013

Instead of doing the right thing and issuing the IDs from the local NG HQ, some states are making everyone go to a federal facility.

In some states, such as the one I live in, that would mean a 8-12 hour drive there and back for many. Not counting the time needed to get the ID. When before the ID were issued locally. It's a mean and petty act on the part of the states.

annabanana

(52,791 posts)
8. Would the House have to act to cut the Federal Funding for non-compliant States?
Thu Nov 21, 2013, 12:30 PM
Nov 2013

If so, this action would be without consequence...

 

Katashi_itto

(10,175 posts)
10. The Defense Sec has say over funds.
Thu Nov 21, 2013, 12:47 PM
Nov 2013

If a state is in noncompliance. Expect the shit to hit the fan fairly quick. DOD can freeze funds to a state's NG.

Solly Mack

(90,773 posts)
11. No idea.
Thu Nov 21, 2013, 12:55 PM
Nov 2013

Depends on how funds are earmarked, I'd guess. If the DoD has control over their funds once gained then the DoD could do it.

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