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Same-Sex Couples Still Barred From Equal Veterans Benefits, Secretary Says

Started by LearnedHand, August 28, 2013, 06:24:29 PM

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DriftingCrow

http://www.buzzfeed.com/chrisgeidner/same-sex-couples-still-barred-from-equal-veterans-benefits-s
Author: Chris Geidner Source: BuzzFeed

"In June, of course, the Supreme Court struck down the federal definition of marriage in DOMA [. . . ] nonetheless, two provisions elsewhere in the law — found in Title 38 of the U.S. Code — separately define veterans benefits as only being available to opposite-sex spouses. As such, those laws were not specifically covered in the June 26 Supreme Court ruling about DOMA."

"Veterans Affairs Secretary Eric Shinseki responded on August 14 that the Title 38 provisions still banned the department from granting equal benefits."

If a same-sex couple were legally married in a state that recognized same-sex marriage, the couple wouldn't meet the Title 38  definitions of "spouse" or "surviving spouse". Senator Shaheen is pushing for the passage of the Charlier Morgan Bill to change these definitions.
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TiaNadiezja

This is one the Executive and the military can't really do much about on their own... someone's going to have to sue and get this law overturned, or Congress is going to have to act.  Solutions noted in order of probability of effectiveness.
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DriftingCrow

Federal Judge Strikes Down Law Barring Same-Sex Couples From Receiving Veterans' Benefits
http://www.buzzfeed.com/chrisgeidner/federal-judge-strikes-down-law-barring-same-sex-couples-from
Author: Chris Geidner Source: BuzzFeed

"A federal judge in California on Thursday found that, as with the ban on federal recognition of same-sex couples' marriages, federal veterans' benefits laws that limit those benefits to opposite-sex spouses are unconstitutional."

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DriftingCrow

Obama Directs Federal Government To Give Gay Married Couples Equal Veterans' Benefits
http://www.buzzfeed.com/chrisgeidner/obama-directs-federal-government-to-give-gay-couples-equal-v
Author: Chris Geidner Source: BuzzFeed

"Attorney General Eric Holder announced Wednesday that President Obama directed the executive branch to stop enforcing two laws that prevented same-sex married couples from receiving the same veterans' benefits as are available to opposite-sex married couples."
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