Same Sex Marriage in the Navy
By E M Barner | Sunday, May 8th, 2011 | Policy
As part of the repeal of the “don’t ask, don’t tell” policy, Navy chaplains recently received new guidelines for how to approach same-sex relationships.
Among the changes, same sex marriages may now take place on base property, if the base is located in a state that recognizes these unions. Navy chaplains may now officiate a same-sex civil marriage, if it is conducted according to the laws of the state.
Since Virginia is not a state that recognizes these unions, it is unlikely that the new rules will immediately affect marriages officiated on bases in the Commonwealth. However, it is uncertain whether chaplains may now receive pressure to officiate same-sex ceremonies, even if doing so is contrary to their personal religious beliefs.
Critics of the policy have also expressed concern that the Navy’s move violates the federal “Defense of Marriage Act,” which states that the federal government defines marriage as between one man and one woman.
UPDATE:
In a letter dated May 6, 2011, 62 Members of Congress took the Secretary of the Navy to task for its new policy on solemnization of same-sex marriage. Virginia’s Randy Forbes, Scott Rigell and Rob Wittman were among the signers of that letter.
On May 11th, the Navy rescinded the new guidance for Navy chaplains, reverting to previous policy.
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About the author
E M Barner, the blogger formerly known as DCH / De Civitate Hominis (“concerning the city of man”), writes from a Northern Virginia perspective. Barner has been active in Republican politics and policy since 1994 – as a grassroots volunteer, party leader, and professional.
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12 Responses to "Same Sex Marriage in the Navy"
I think it will be interesting to see how everything pans out. As I understand, the general training on the repeal states that you can still retain your personal beliefs regarding homosexuality and doesn’t restrict your speech in appropriate times/places. And as I understand it they will address berthing and other issues on a case by case basis. Apparently, there will be a way for people who can’t adjust to get an administrative discharge, but I wouldn’t think this would be easy to get. This is all second hand info, so reader beware…
I really doubt that the Navy would force Chaplins to officiate for gay marriage.
I still don’t see how they will handle berthing and showers.
Maybe I just don’t understand the reason women and men are kept separate.
“However, it is uncertain whether chaplains may now receive pressure to officiate same-sex ceremonies, even if doing so is contrary to their personal religious beliefs.”
You should read your own link. See Para 2b: “…consistent with the tenants of his or her religious organization, a chaplain MAY (emphasis added) officiate a same-sex, civil marriage…”
I know of no instance in which military chaplains have ever been pressured to violate the tenants of their religious beliefs. The only thing that even comes close is when fundamentalist Christian chaplains have been reined in from giving non-ecumenical invocations at official functions such as a change-of-command ceremony.
@HisRoc –
The Catholic Military Archdiocese has been very clear about the consequences of this policy. Moreover, there are a number of religious chaplains that are now going to have to tread very carefully about what they teach and what they do not teach (or how they counsel) men and women in uniform.
The new regulations strike me as a clear violation of the rights of religious liberty and the rights to human conscience. When merely being a chaplain and speaking to your faith becomes a hate crime, that should set of alarms all across the United States, both in our churches and among our warfighters.
Good post, DCH.
Here is my take on this, why the prohibition to conduct a religious gay marriage in ANY state if it is only a religious ceremony? If a chaplain with the Anglican church wanted to conduct a religious marriage ceremony (sans government marriage license) at a base chapel here in Virginia, should the preacher be prevented from doing so? Aren’t we supposed to have freedom of religion?
My concern is about DOMA (Defense Of Marriage Act). Will the military be forced to recognize same sex marriages no matter if they are performed off base or on? It is my understanding that while it is being contested in the courts, DOMA is still the law of the land. Even if a same sex couple gets married in a military chapel (religious freedom) that does not mean they qualify for base housing because they do not have a federally recognized marriage certificate.
OFGS – who cares?! (Other than Shaun and DCH) I’ll place my faith in the Chaplain’s ability to figure out the right course – if and when a problem MIGHT occur.
Shaun,
The Most Reverend Timothy Broglio is my Archbishop; the Roman Catholic Parish of Fort Myer is our parish. (For the benefit of the non-Catholic readers, he is the Archbishop of the Diocese of the Military Services.) I am not aware of any instructions from him that modifies, softens, excuses, or passively permits his Catholic chaplains from conducting, blessing, recognizing, or in any other way changes the proscription of any same-sex union of any kind. On the contrary, he has issued instructions that “moral beliefs should not be sacrificed for ‘merely political considerations’.”
This policy doesn’t affect Catholic chaplains anymore than the military policies that permit abortion and birth control. Catholic priests have always been free to teach and counsel their Catholic service members according to dogma, Canon Law, and the guidance of the Holy Father. And they will continue to be free to teach and counsel against homosexuality and same-sex unions, regardless of military policy. Proclaiming the tenants of your religious belief has never been and will never be a hate crime. That is one of the reasons that the in-bred cult known as the Westboro Baptist Church has been able to skate free of hate crime laws in protesting at military funerals.
At this point, technically speaking, it’s illegal. DOMA is still law.
HR: Yep, huge difference in the law between “May” and “Shall.”
I believe that the larger story here is that the services are developing their own guidelines and policies based on their interpretation of how DADT relates to military policy in addition to individual state and federal law.
Reports are the Navy has suspended allowing chaplains to conduct same sex marriages on-base, pending a review.
Also:
The Washington Post has released a poll indicating that Virginian’s are in favor of same sex marriages 47% to 43%. You can see the poll here:
http://www2.timesdispatch.com/news/virginia-politics/2011/may/10/poll-finds-gay-marriage-support-va-ar-1028841/
For those who doubt this is a generational issue, note the results for percentages in favor of same sex marriages.
73% for 18-29 year olds
54% for 30-39
40% for 40-64
22% for 65+
As more elders pass on and more youngsters reach voting age, change is eventually going to happen whether my generation likes it or not.
It’s a shame the military is being used as the politician’s social experiment.
@LD, Your percentages look like the Google searches for “Who is Osama bin Laden”?
Ack, I linked to the wrong poll. The proper link should have been:
http://www.washingtonpost.com/blogs/behind-the-numbers/post/washington-post-virginia-poll-gay-marriage-vs-gay-adoption/2011/05/10/AFtygwiG_blog.html
I do not think the military is being used as a social experiment as much as it is being asked to respond to the times and public opinion.
For the record, I am against same sex marriage. I predict that our society’s increased acceptance of homosexuality is going to lead to a spike in the spread of sexually transmitted diseases. Sexually transmitted diseases are increasingly becoming drug resistant and I only hope I live long enough, and that I am still young enough when it happens, to get at a keyboard and type “I told you so”.
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