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SLDN Statement on the California Court Decision Granting Marriage Rights to Same-Sex Couples

WASHINGTON, DC – Aubrey Sarvis, executive director of Servicemembers Legal Defense Network (SLDN), issued the following statement today in response to the California State Supreme Court’s decision extending marriage rights to same-sex couples:

SLDN applauds the men and women whose hard work has made same-sex marriage in California a reality. We salute their dedication to fairness, family and justice. However, lesbian, gay and bisexual service members should clearly understand that marrying someone of the same sex in California or Massachusetts means risking their military careers. The federal statute enacting "Don't Ask, Don't Tell,” 10 USC Sec. 654, clearly states, "A member of the armed forces shall be separated from the armed forces” if “the member has married or attempted to marry a person known to be of the same biological sex.” ‘Don’t Ask, Don’t Tell’ law clearly states that members of the armed forces will be discharged if they marry, or attempt to marry, someone of the same sex.”

No American who volunteers to wear the uniform should be forced to choose between a military career and recognizing their family. As civilian law expands to embrace same-sex families, gay military personnel are unable to take advantage of these opportunities because of the ban on open service. "Don’t Ask, Don’t Tell" means that gay service personnel who seek to honor their relationships by entering into civil unions, domestic partnerships or marriage are risking their careers. No American patriot should be asked to deny their family legal protections in order that they may continue to serve their country.

A growing number of states provide recognition of same-sex relationships. Eight states including California plus the District of Columbia either allow couples to marry or provide recognition conferring legal rights and benefits similar to marriage.

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