Senate Votes To Guarantee Military Chaplains Not Required To Perform Same Sex Marriage If They Oppose Unions For Reason Of Conscience; However Vague Language Make Measure More Far-Reaching

The Senate voted Wednesday to ensure military chaplains are not forced to perform same sex marriages if they oppose that for reasons of conscience. However, The Marine Times reports that the wording of the measure could make this a more far-reaching piece of legislation. It makes no specific reference to same sex marriage, but instead says that a chaplain, “who as a matter of conscience or moral principle does not wish to perform a marriage, may not be required to do so.” That could apply not only to same sex marriage but to other situations that might involve conscience and principles. The chief sponsor of the legislation, however, has been clear about the intent. “This amendment will allow the chaplains of our armed forces to maintain the freedom of conscience necessary to serve their nation and their religion without conflict,” said Sen. Roger Wicker, R-Miss. “Protections for military chaplains should be guaranteed in any policy changes being implemented.” The measure was approved by voice vote and with no debate as an amendment to the Senate’s version of the 2012 defense authorization bill. Wicker’s amendment is a more moderate approach to the issue of gay marriage and the military than taken by the House of Representatives in its version of the defense spending bill. The House bill would flatly prohibit chaplains from performing any same sex-marriage. Where Wicker’s amendment passed with no discussion as part of a package of non-controversial amendments, the House was divided on a 236-184 vote in July. Current Pentagon policy allows chaplains to decide if they want to perform any marriage, something that allows them to follow practices of their own religious order. But when the Defense Department announced in September that gay marriages could be performed by chaplains on installations where state and local laws allow, concerns were raised that some chaplains who oppose such marriages would be ordered to take part. Wicker’s amendment, like the similar House provision, puts the right of refusal to perform a marriage into law instead of regulation, something aimed at easing concerns that the Defense Department might change its rules at some point and require chaplains to perform gay marriages.