Obama Administration Would Not Defend The Constitutionality Of Denying Militery Benifits To Same-Sex Couples
The DOJ under Obama Administration announced on the 17th of February that it will not defend laws that would prevent married same=sex couples from getting military benefits.
Attorney General Eric Holder mentioned in a letter to the Congress, “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 … 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.”
The Defence of Married Act prevents the federal government from recognising same-sex relationships even if the couple is legally married in their state.
The lawsuit was filed last October on behalf of Maj. Shannon McLaughlin of Massachusetts which talks about the benefits that all heterosexual couples enjoy, were denied to McLaughlin and her partner Casey such as, 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 Department of Justice had already announced on February 23, 2011 that it would not defend the Constitutionality of DOMA.