Potential Impact of Repeal of the Defense of Marriage Act

reportActive / Technical Report | Accession Number: ADA592967 | Open PDF

Abstract:

In the wake of the repeal of Dont Ask, Dont 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 Armys personnel policy that a repeal of DOMA, whether by Supreme Court ruling or Congressional action, would have in the Department of the Army.

Author(s):
King, Francis P.
Author Organization(s):
DEPARTMENT OF JUSTICE WASHINGTON DC OFFICE OF THE ATTORNEY GENERAL
Descriptive Note:
Research paper
Supplementary Note:
Civilian Research Project.
Pagination:
0052

Security Markings

DOCUMENT & CONTEXTUAL SUMMARY

Distribution:
Approved For Public Release
Distribution Statement:
Approved For Public Release; Distribution Is Unlimited.

RECORD

Collection: TR
Identifying Numbers
Monitor Series:
USAWC
 Subject Terms
Joint Capability Areas:
JCA_1_Force Support; JCA_5_Command and Control; JCA_1.3_Human Capital Management; JCA_6.4.1_Secure Information Exchange; JCA_1.3.1_Personnel and Family Support; JCA_5.5_Direct; JCA_5.5.1_Communicate Intent and Guidance; JCA_6.4_Information Assurance; JCA_6_Net Centric; JCA_1.3.2_Personnel Management; JCA_5.4_Decide; JCA_1.2_Force Preparation; JCA_3.2_Engagement; JCA_3_Force Application; JCA_3.2.1_Kinetic Means; JCA_1.2.3_Educating; JCA_8_Building Partnerships; JCA_8.2_Shape; JCA_5.3_Planning; JCA_1.2.5_Lessons Learned; JCA_8.2.1_Partner with Governments and Institutions
Communities of Interest:
Human Systems
Descriptor(s):
*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
Field(s)/Group(s):
Government and Political Science, Sociology and Law, Personnel Management and Labor Relations, Military Forces and Organizations
Keyword(s):
*DEFENSE OF MARRIAGE ACT, *CONSTITUTIONALITY, *REPEAL OF DOMA, *SAME SEX PARTNERS, *SAME SEX SPOUSES, DON T ASK DON T TELL, GAY SOLDIERS, LESBIAN SOLDIERS, FEDERAL COURT DECISIONS, US SUPREME COURT DECISIONS, COURT CASES, STATES RIGHTS, EQUAL PROTECTION, OBAMA BARACK, HOLDER ERIC, WINDSOR V UNITED STATES, HOLLINGSWORTH ET AL V PERRY ET AL, DRAGOVICH V DEPARTMENT OF TREASURY, GOLINSKI V OFFICE OF PERSONNEL MANAGEMENT, MASSACHUSETTS V HEALTH AND HUMAN SERVICES, GILL V OFFICE OF PERSONNEL MANAGEMENT
Report Date:
2013 Apr 01
Creation Date:
2014 Feb 24