LGBT News Texas National Guard denies benefits for same-sex spouses

Texas is one of those places that never pulled their heads up from the pool of drool they perpetually live in to learn the fact that federal laws and directives trump state laws.

 

I doubt his motives were actually along the lines of staying legally in the clear, but in his shoes I would do this. That way, the state can shut up when the feds say that a state militia is a federal, not state, agency, avoiding future legal quarrels on this issue.

 

But technically, and anyone feel free to clarify, but the National Guard of each respective state reports to that state government, unless called upon by the president. There has always been a separation of federal and state authority, and I'm inclined to say the Pentagon has no actual say in the benefits provided by the state of Texas.

Again, feel free to clarify.

 

National Guard units are funded out of federal money, not state money, so it doesn't matter that they answer to the governor. They are still federal.

 

Decided to do some reading up on this after my post, and honestly it seems like an entirely shaky argument to me.

 

On my part or Texas's? I don't see why the court wouldn't apply the law to a federally funded organization.

---------- Post added 6th Sep 2013 at 02:40 PM ----------

Obama also has the option to fully federalize a National Guard unit. It happened in Arkansas in 1957.

 

From Texas and I agree with this 105% :/ I want to move out of this godforsaken state asap

 

I'm not surprised. This is the same state that wanted to elect a Mormon for president..Though I used to live there.

 

I was referencingTexas denying benefits.

 

its called the national guard for a reason. that authority of the state is only that goveners of a state is allowed to make use of the states national guard under certain cituations, such as deploy them in the aftermath of a natural disaster, or during civil unrest to aid the local law enforcement.

however, the federal goverment can trump that at any time during a time of war, and send a states national guard troops to combat.