AUSTIN (September 3, 2013)--The Texas National Guard is refusing to process requests for benefits submitted by same-sex couples because of the state constitution's definition of marriage.
Mississippi also won't issue applications from state-owned offices, because of the states' gay-marriage bans.
Tuesday was the first working day on which gays in the military may apply for benefits.
Maj. Gen. John Nichols, the commanding general of Texas Military Forces, sent a letter saying that the Texas Constitution defines marriage as between a man and a woman, which he says means his state agency cannot process applications for benefits from gay and lesbian couples.
He recommended that service members go to a federal installation to apply.
Florida, Michigan and Oklahoma also have bans on gay marriage, but their National Guard units are accepting same-sex couples' applications.
The Department of Defense announced on Aug 14 that it would make health care, housing and other benefits available to same-sex spouses of military members beginning Tuesday.
The Pentagon said it reached the decision after consulting with the Justice Department, after the U.S. Supreme Court's ruling in June on the constitutionality of the Defense of Marriage Act.
The benefits will be made available to same-sex spouses as long as service members provide valid marriage certificates.
Military personnel in a same-sex relationship who are stationed in a state that does not permit same-sex marriage will be allowed to take leave for travel to a jurisdiction where they can marry legally.
"The Department of Defense remains committed to ensuring that all men and women who serve in the U.S. military, and their families, are treated fairly and equally as the law directs," the Pentagon said in a press release.