As significant as the repeal of DADT was, as long as DOMA is in place, this kind of thing will likely keep happening.
Zack Ford, at Think Progress:
The Association of Bragg Officersâ€™ Spouses, the military spouses group at Ft. Bragg, has offered a “guest membership” to Ashley Broadway, the same-sex spouse of Lt. Col. Heather Mack who they blocked last month from joining. In fact, the group arbitrarily changed its rules to require an active ID card – a benefit same-sex spouses are not currently afforded – specifically to keep her from being eligible.
Stephen Peters, executive director of the American Military Partner Association, responded:(emphasis added)
Both the Ft. Bragg leadership and Pentagon have refused to take accountability for allowing the spousesâ€™ groupâ€™s discrimination to persist and the Army has remained silent. The organization is private and is not obligated to abide by the Defense of Marriage Act, so the anti-gay discrimination is totally of its own accord. Meanwhile, the Marines responded by prohibiting such discrimination on their bases.
The obvious discrimination, and the rather narrow, or maybe just bizarre and convoluted reasoning, is being met with pressure and demands. From HRC: (emphasis added)
HRC Calls On Secretary Panetta to Immediately Green Light Military IDs for Same-Sex Spouses: â€˜Foot Draggingâ€™ on Changes to Regulations Has Gone on for Two Years; Resulted In Continued Discriminatory and Uneven Treatment …
â€˜It makes no sense that the spouse of a service member can face discrimination in one branch of the Armed Services yet be protected from discrimination in another. This situation would not have occurred if the Pentagon was not dragging its heels on updating military regulations to include the families of gay service members,â€™ said HRC President Chad Griffin. â€˜While there are many regulations the Pentagon needs to update to support the families of gay service members, we call on Secretary Panetta to immediately issue military regulations that will allow the spouses and partners of gay service members access to a military ID. This benefit is crucial to accessing many of the benefits and services offered to military families.â€™
Initially, the Association claimed that the spouse of the Army officer did not qualify for membership because she did not have a military ID card. Stunningly, the Association now claims, with the Armyâ€™s backing, that they can deny the officerâ€™s spouse membership because federal law allows them to discriminate against gay individuals.
From NBC News, more about the by-the-book reasoning:
â€˜The Officer Spousesâ€™ Club at Ft. Bragg is in compliance with the DOD instruction,â€™ … (Pentagon spokesperson Nathan) Christensen said. â€œWhen you look at the instruction there are a few things it has to meet. As long as they meet those criteria, theyâ€™re allowed to meet on the base.â€™
Lt. Col. Heather Mack and Ashley Broadway married in November, after the repeal of DADT. Theyâ€™ve been together for 15 years, have a 2-year-old son, with a second child due this month.
… Broadway said the Pentagonâ€™s position only added fuel to a larger battle for equal rights being waged within the U.S. military by other same-sex spouses.
â€˜This is no longer about me joining this officers club. This is about the Pentagon and the Department of Defense and the Department of Army telling the country that it is OK to discriminate against gay and lesbian service members and their families,â€™ Broadway told NBC News.
Under DOMA, the DOD, the Pentagon, and in this case, the Army and The Association of Bragg Officersâ€™ Spouses, can legally do what theyâ€™re doing with those â€œnot like usâ€ same-sex spouses. It seems a rather ethically challenged decision to me, but itâ€™s legal.
From the ABOS website:
The Association of Bragg Officersâ€™ Spouses (ABOS) was founded upon four principles: Charity, Friendship, Hospitality, and Support.
At least to this point, in terms of how they are living out their â€œfour principles,â€ Iâ€™d suggest a change: â€œCharity, Friendship, Hospitality, and Support, unless youâ€™re the same gender as your spouse then weâ€™d really rather you didnâ€™t show up.â€ Looking at the photo of the association officers, all are women, so maybe the husbands whose wives are Army officers arenâ€™t welcomed, either.
About the Marines responding by â€œprohibiting such discrimination on their basesâ€ â€” Semper fi.
(Assc. of Bragg Officersâ€™ Spouses Logo via ABOS)