( CNN ) -- `` I shall never surrender or retreat . '' So stated William Barret Travis in an 1836 letter he wrote as Mexican soldiers bore down on his overmatched troops at the Alamo . Now , more than 175 years later , Travis ' Texas fighting heirs -- or , at the least , the state 's governor -- are drawing their line in the sand for another reason : not to grant benefits to same-sex partners of its troops as they would for opposite-sex spouses . `` As a state agency , Texas Military Forces must adhere with Texas law , and the Texas Constitution , which clearly defines marriage as between one man and one woman , '' said Josh Havens , a spokesman for Gov . Rick Perry 's office . Despite its proud and longstanding tradition of independence , the Texas Military Forces is not like other agencies . In fact , given that it includes the Army National Guard and Air National Guard ( in addition to the Texas State Guard ) , in some ways it is more a federal agency than a state one . As such , some argue , its policies should fall in line with those out of Washington . Following a landmark Supreme Court ruling that effectively struck down the Defense of Marriage Act , which prohibited federal benefits from going to same-sex partner , the door has now been opened to gay and lesbian spouses . Shortly before leaving office earlier this year , Defense Secretary Leon Panetta announced that same-sex partners who sign a military `` Declaration of Domestic Partnership '' form will be eligible for several benefits , including military identification cards as dependents . Those who did would be allowed unescorted onto bases , get access to commissaries , have the right to visit their partners in military hospitals and be eligible for many survivor benefits , including life insurance benefits . Military extends benefits to same-sex partners . The Pentagon estimated at the time that there may be 5,600 troops on active duty seeking such benefits , as well as 8,000 retirees and 3,400 National Guard troops . Tuesday was the first day all partners of same-sex troops could claim such benefits , the Pentagon has said . But in the latter category , Texas is n't readily coming aboard . Texas , like some other states , expressly prohibits same-sex marriage under its law . That state law trumps federal law , argues Perry and others . `` ( Texas Military Forces ) is a state agency under the authority and direction of the Texas state government , '' wrote the forces ' adjutant general , Maj. Gen. John Nichols , in a memo dated August 30 . `` ... Due to the potential conflict ( between state and federal law ) , we are unable to enroll same-sex families ... at our state-supported facilities until we receive legal clarification . '' In a statement Tuesday , the Texas Military Forces insisted that while Nichols is asking the state 's attorney general for an advisory opinion , `` the state is not denying any federal benefits to military personnel or same-sex spouses of military personnel . '' `` This is a processing issue , not a denial of benefits issue , '' the agency says . `` As such , we fully encourage eligible members to enroll for their federal benefits at one of the 20 nearest federal installations , which are dispersed throughout the state of Texas . '' Judge : U.S. ca n't deny benefits to lesbian war vet 's wife . The office of state Attorney General Greg Abbott did not respond to a CNN request for comment on the matter . Yet Stephen Peters , the president of the American Military Partner Association , sees what 's happening in Texas as `` truly outrageous , '' claiming that same-sex partners are being denied certain rights and benefits simply because they 're based in the Lone Star State . `` Gov . Rick Perry should be ashamed , '' Peters said Tuesday , accusing Texas policymakers of playing `` politics with our military families . '' `` Our military families are already dealing with enough problems , and the last thing they need is more discrimination from the state of Texas . '' CNN 's Dave Alsup contributed to this report .
Texas Military Forces ' chief cites conflict between state , federal on same-sex marriage benefits . `` Eligible members '' can request benefits , agency says , calling it a `` processing issue '' Governor 's office : No benefits since state law restricts marriage to 1 man , 1 woman . A gay rights advocacy group blasts Texas officials for playing `` politics with our military families ''