By Brody Levesque | WASHINGTON D. C. -- The Department of Defence announced Friday that the Chaplain Corps of the armed forces are authorised to perform same-sex wedding ceremonies for same-sex military couples members in states where same-sex marriage is legal.
A memorandum issued by Under Secretary of Defense for Personnel and Readiness Clifford L. Stanley, read:
"A military chaplain may participate in or officiate any private ceremony, whether on or off a military installation, provided that the ceremony is not prohibited by applicable state and local law. Further, a chaplain is not required to participate in or officiate a private ceremony if doing so would be in variance with the tenets of his or her religion or personal beliefs."
Also released by the Pentagon Friday is a facilities memo signed by DOD General Legal Counsel Jeh Johnson, who wrote that "military facilities for private functions, including religious and other ceremonies, should be made on a 'sexual-orientation neutral' basis, provided such use is not prohibited by applicable state and local laws."
The policies echo a determination made last April by the Navy Chief of Chaplains Rear Admiral Mark L. Tidd, who in a memo clarified after gaining the advice of the Defence Department's legal counsel that individual chaplains would be permitted — and expressly not obligated — to officiate weddings for gay and lesbian service members at base facilities in states that allow marriage for same-sex couples.
Admiral Tidd later suspended his memorandum after social conservative groups and a group of 63 House Republicans criticised his guidance, claiming it violated Section 3 of the Defense of Marriage Act. Today's actions by the Pentagon faces opposition from religious organisations, and conservative Republicans who have raised the argument that this policies clashes with the federal Defense of Marriage Act.
The actions Friday by the Pentagon occurred as the Chairman of the Joint Chiefs of Staff Admiral Mike Mullen- whose personal support for ending “don’t ask, don’t tell” gave a crucial boost to the repeal movement- retired from active service.
Admiral Mullen had testified before a Senate Armed Services Committee hearing in February 2010, telling Senators that he felt that a policy that “forces young men and women to lie about who they are in order to defend their fellow citizens," was wrong.
Last week with the Secretary of Defense Leon Panetta at his side, the Chairman speaking to reporters at his last press briefing said of the completed “don’t ask, don’t tell” repeal:
“Today is really about every man and woman who serves this country, every man and woman in uniform, regardless of how they define themselves. And tomorrow, they’ll all get up, they’ll all go to work, and they’ll all be able to do that work honestly. And their fellow citizens will be safe from harm. And that’s all that really matters.”
Reactions from LGBTQ Equality Rights Groups:
Aubrey Sarvis, executive director, Servicemembers Legal Defense Network:
“We are pleased the Department of Defense has made it clear that a military Chaplain is allowed to perform any lawful ceremony that is consistent with his or her beliefs and is not required to perform a ceremony that is inconsistent with those beliefs. We are also pleased that access to military facilities will be granted on a sexual-orientation-neutral basis. The guidance issued today strikes the right balance between respecting the faith traditions of chaplains and affording all service members the same rights under current law. This is another logical step in the direction of full equality for gay and lesbian service members, and we hope the Department will continue to move down that path.”
Human Rights Campaign president Joe Solmonese:
“I applaud the Department of Defense for protecting the religious freedoms of all military chaplains. As we move into a new era of open service, today’s decision by the Department of Defense ensures that all military families, including lesbian and gay military families, have equal access to military facilities.”
Alex Nicholson, executive director of Servicemembers United:
"Now that 'Don't Ask, Don't Tell' is gone, there is nothing prohibiting chaplains whose denominations do not discriminate from treating same-sex couples equally in accordance with state and local laws. There are many chaplains in the military who simply do not believe that gay and lesbian servicemembers are second-class citizens, and those chaplains should have the freeom to practice their religion as they see fit, including officiating at ceremonies that their denominations recognize."
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