Veterans

September 6, 2013

Feds won’t enforce same-sex veterans law

The Obama administration said Wednesday it will stop enforcing a law that blocks benefits to partners of military veterans in same-sex marriages.

In a letter to congressional leaders, Attorney General Eric Holder said that a provision in federal law on benefits to veterans and their families defines “spouse” to mean a person of the opposite sex. He says that definition leaves out legally married same-sex couples, and runs afoul of a June Supreme Court ruling.

The court declared unconstitutional a provision in the Defense of Marriage Act restricting the words marriage and spouse to apply only to heterosexual unions. Holder says that like the Defense of Marriage Act, the provision in the veterans benefits law has the effect of placing lawfully married same-sex couples in a second-tier marriage.

“Decisions by the Executive not to enforce federal laws are appropriately rare,” Holder told Congress. “Nevertheless, the unique circumstances presented here warrant non-enforcement.”

He said the Supreme Court’s conclusion that DOMA imposes a stigma on everyone in same-sex marriages “would seem to apply equally” to the veterans benefits law. Holder noted that after the Supreme Court’s decision, the Bipartisan Legal Advisory Group of the House of Representatives withdrew from a pending lawsuit challenging the constitutionality of the veterans benefits provisions.

President Barack Obama directed the executive branch to cease enforcement of the provision, Holder wrote.

Last week, a federal judge in Los Angeles ruled that a lesbian Army veteran and her spouse should be entitled to disability benefits, given the Supreme Court’s recent ruling.

U.S. District Judge Consuelo Marshall said that federal law defining a spouse as a person of the opposite sex is unconstitutional since the high court’s decision allowing legally married gay couples the right to health care benefits.

Although the Supreme Court did not directly address the constitutionality of the veterans benefits provisions, the reasoning of the opinion “strongly supports the conclusion that those provisions are unconstitutional,” Holder wrote.

The Justice Department has been tapped by the White House to ensure that couples in same-sex marriages receive all federal benefits to which they are entitled. The Social Security Administration says it has started processing spousal retirement claims for same-sex couples and paying benefits. Last week, the government said that all legally married gay couples will be able to file joint federal tax returns even if they reside in states that do not recognize same-sex marriages.

Many of the changes are relatively easy to make because they involve federal regulations, but the veterans benefits present a more difficult issue because that prohibition is part of federal law.

“Continued enforcement would likely have a tangible adverse effect on the families of veterans and, in some circumstances, active-duty service members and reservists, with respect to survival, health care, home loan and other benefits,” Holder wrote.

Because of the way federal law on the Department of Veterans Affairs is worded, the Sept. 4 announcement does not apply to same-sex couples who live in a state that does not recognize gay marriage. Justice Department spokesman Brian Fallon said the issue is under review.

A gay rights group says it’s a problem. “We would like to see the Department of Veterans Affairs adopt a standard where the agency accepts a valid marriage license from any jurisdiction,” said Michael Cole-Schwartz, a spokesman for Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender political organization.

“There’s no reason to treat veterans who live in one state differently than veterans who happen to live in a state that doesn’t recognize them,” Cole-Schwartz said.

 




All of this week's top headlines to your email every Friday.


 
 

 

Headlines April 24, 2015

News: More than $1 billion in U.S. emergency reconstruction aid goes missing in Afghanistan - A total of $1.3 billion that the Pentagon shipped to its force commanders in Afghanistan between 2004 and 2014 for the most critical reconstruction projects can’t be accounted for by the Defense Department, 60 percent of all such spending under an...
 
 

News Briefs April 24, 2015

German defense minister: widely used rifle has no future A widely used assault rifle has “no future” with the German military in its current form, Germany’s defense minister said April 22, escalating a dispute over the weapon’s alleged shortcomings. Ursula von der Leyen said last month that a study showed the G36 rifle has a...
 
 
Army photograph

Composites key to tougher, lighter armaments

Army photograph XM-360 test firing at Aberdeen Proving Ground, Md., in 2007, is shown. The Army is on the cusp of revolutionizing materials that go into armament construction, making for stronger, lighter and more durable weapo...
 

 

Northrop Grumman signs long-term agreement with Raytheon

Northrop Grumman has entered a long-term agreement with Raytheon to supply its LN-200 Inertial Measurement Unit for Raytheon optical targeting systems. The long-term agreement with Raytheon’s Space and Airborne Systems business extends through 2018. The LN-200 provides camera stabilization on optical targeting systems that conduct long-range surveillance and target acquisition for various...
 
 

NTTR supports first F-35B integration into USMC’s weapons school exercise

The Nevada Test and Training Range was part of history April 21, when four U.S. Marine Corps-assigned F-35B Lightning IIs participated in its first Marine Corps’ Final Exercise of the Weapons and Tactics Instructor course on the NTTR’s ranges. The Final Exercise, or FINEX, is the capstone event to the U.S. Marine Corps Marine Aviation...
 
 
AAR-Textron

AAR awarded new contract from Bell Helicopter Textron to support T64 engines

AAR announced April 22 that Bell Helicopter Textron Inc. awarded its Defense Systems & Logistics business unit a contract providing warehouse and logistics services in support of upgrading T64 engines for the Bell V-280 Val...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>