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I went back and reread the original news story on ABC:
So maybe there is an ACLU argument in that interpretation? The one thing even Congress can't meddle in is the expression of religion."The Navy and Marine Corps and all the Armed Services are sworn to obey the law, which this new instruction violates," they wrote.
Pentagon spokeswoman Eileen Lainez said Monday that the marriages, in states where they are legal, are essentially religious ceremonies that are not restricted by federal law.
"DOMA does not limit the type of religious ceremonies a chaplain may perform in a chapel on a military installation," she said in a statement. "Chaplains are authorized to perform religious ceremonies consistent with the practices of the chaplain's faith group in chapels on military installations."