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If i join the airforce could i still marry my gf would it be at least recognized as a civil union? Any same sex rights in the mi

Kissimmee, FL |
Attorney answers 3


Marriage is governed by state law. You would have to marry in one of the nine states that permits gay marriage. Florida is not one of those. The Supreme Court has agreed to hear two gay marriage cases. One addresses DOMA, which would affect federal benefits for gay married couples, currently not recognized, and could require all states to recognize gay marriages that were legal in the states where they took place. The other case addresses Proposition 8 in California which could have a number of different outcomes. It could require all states to allow gay marriage, it could limit the ruling to California, or it could overrule the California case. The current same sex rights in the military are that you don't have to be secretive about having a gay partner. So you could presumably marry without being punished for it. But it would be wise to check with a military lawyer to assure that this right is solid at this time.

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Short answer--no. Base housing, military beneifts (medical, dental, eye, allowances and benefits for same sex couples have not reached full parity with traditional married couples . Congress is working a bill through the process, but its not yet law.

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I largely agree with the answers above, especially in the context of formal military benefits such as medical, financial entitlements, etc. However, there are more benefits being created through peripheral type organizations such as Airmen and Family Readiness (like couples counseling, career counseling).

It's much better than it was and keeps getting better, but it will still be a struggle.

Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice given does not form an attorney-client relationship. The advice above is intended to educate on general legal principles and theories and should not be considered state specific advice. Please call anytime, day or night, to discuss further, 703-314-6475.