Accession Number : ADA592967


Title :   Potential Impact of Repeal of the Defense of Marriage Act


Descriptive Note : Research paper


Corporate Author : DEPARTMENT OF JUSTICE WASHINGTON DC OFFICE OF THE ATTORNEY GENERAL


Personal Author(s) : King, Francis P


Full Text : https://apps.dtic.mil/dtic/tr/fulltext/u2/a592967.pdf


Report Date : Apr 2013


Pagination or Media Count : 52


Abstract : In the wake of the repeal of Don't Ask, Don't Tell, personnel policy decision makers have relied upon the Defense of Marriage Act (DOMA), a federal law defining marriage as the union of one man and one woman, to address personnel decisions relating to now openly serving gay and lesbian Soldiers. With recent attacks on the constitutionality of DOMA, decisions by several federal appeals courts holding DOMA unconstitutional, and two pending cases before the U.S. Supreme Court challenging the constitutionality of DOMA, there is a rising debate among personnel policy decision-makers regarding the consequences of a Supreme Court ruling finding DOMA unconstitutional. This paper seeks to address the potential consequences on the Army's personnel policy that a repeal of DOMA, whether by Supreme Court ruling or Congressional action, would have in the Department of the Army.


Descriptors :   *ARMY PERSONNEL , *CONSTITUTIONAL LAW , *DECISION MAKING , *FEDERAL LAW , *HOMOSEXUALITY , *PERSONNEL MANAGEMENT , *POLICIES , ARMY , BENEFITS , CASE LAW , CONGRESS , DEPARTMENT OF DEFENSE , HISTORY , LITIGATION , MARRIAGE , STATE LAW , UNITED STATES GOVERNMENT


Subject Categories : Government and Political Science
      Sociology and Law
      Personnel Management and Labor Relations
      Military Forces and Organizations


Distribution Statement : APPROVED FOR PUBLIC RELEASE