Obama Administration Wouldn’t Defend Blocking Military Benefits From Same-Sex Couples

[Ian David]

The Obama Justice Department has concluded that legislation banning same-sex couples from receiving military and veterans benefits violates the equal protection component of the Fifth Amendment and will no longer defend the statute in court, Attorney General Eric Holder wrote in a letter to Congressional leaders on Friday.

“The legislative record of these provisions contains no rationale for providing veterans’ benefits to opposite-sex couples of veterans but not to legally married same-sex spouses of veterans,” Holder wrote. “Neither the Department of Defense nor the Department of Veterans Affairs identified any justifications for that distinction that would warrant treating these provisions differently from Section 3 of DOMA.”

Holder said DOJ would no longer defend the provisions in Title 38 which prevent same-sex couples who are legally married from obtaining benefits. He said that Congress would be provided a “full and fair opportunity” to defend the statues in the McLaughlin v. Panetta case if they wished to do so.

As Holder writes, the benefits in question “include medical and dental benefits, basic housing allowances, travel and transportation allowances, family separation benefits, military identification cards, visitation rights in military hospitals, survivor benefits, and the right to be buried together in military cemeteries.”




President Obama is continuing to chip away at DOMA, one piece at a time.



More:
http://tpmdc.talkingpointsmemo.com/2012/02/obama-administration-wouldnt-defend-blocking-military-benefits-from-same-sex-couples.php?ref=fpa

[MADem]

1. Interesting approach by Holder--good for him!

Basically, he's saying DOMA is a piece of unconstitutional dogshit and he can't back it! That's kind of cool, since he's a named defendant in the suit!

Some basic background on McLaughlin v Panetta for those who have not followed it: http://metroweekly.com/poliglot/2011/10/sldn-files-doma-challenge-seek.html

The lead plaintiff, Maj. Shannon McLaughlin is in the Massachusetts National Guard and serves as a Judge Advocate General. According to the complaint filed today, she has served for 13 years and is married in the State of Massachusetts to her partner of more than three years, Casey McLaughlin. They have ten-month old twins, Grace and Grant McLaughlin.

Among the benefits denied to same-sex couples currently and at issue in the lawsuit are medical and dental benefits, basic housing allowances, travel and transportation allowances, family separation benefits, military ID cards, visitation rights in military hospitals, survivor benefit plans, and the right to be buried together in military cemeteries.

The lawsuit names Attorney General Eric Holder, Defense Secretary Leon Panetta and Veterans Affairs Secretary Eric Shinseki in their official capacity. However, the complaint notes the administration's position that Section 3 of DOMA -- the federal definition of "marriage" and "spouse" -- is unconstitutional and states, "The Plaintiffs do not anticipate that the United States will contest this suit because the government agrees that Section 3 of DOMA is unconstitutional."

The complaint also claims that the plaintiffs do not expect Panetta to "oppose the relief sought" in the lawsuit.