Posts tagged ‘Massachusetts’

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.

DOMA’s wrath is likely to destroy another family

Bradford Wells and Anthony John Makk have been legally married for 7 years. Although the state of Massachusetts acknowledges the marriage, the federal government does not. As a result, in spite of being married and having been together for 19 years, Anthony faces deportation to his native country Australia in a couple of weeks.

Apart from the obvious repercussions that they will have to face if Anthony is deported, there is  another very crucial aspect they will have to deal with… and that is Bradford’s advanced AIDS condition. Anthony is the sole caregiver and if he is deported, Brad is going to lose his caregiver and he has no idea how he would go about with his daily life without help.

President Obama has already declared Defense of Marriage Act (DOMA) as unconstitutional and stated, his administration will not defend its constitutionality in court cases.   But till DOMA is repealed, it stays in effect and on the basis of the law, none of the same-sex marriages across the country are recognized by the federal government.

So Bradford’s love, affection, commitment to his partner has no value in the eyes of his country’s government just because the partner happens to be a man.

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