Today, the American Military Partner Association ( AMPA ), the nation's largest organization for the partners, spouses, and families of America's LGBT service members and veterans, released the following statement regarding the federal government's announcement on the challenges that remain in the recognition of same-sex marriages after the Supreme Court's decision on DOMA in the Windsor case, specifically in regards to the Department of Veterans Affairs ( VA ).
According to today's announcement, both the VA and the Justice Department believe the controlling statute, Title 38 section 103( c ), prevents the VA from recognizing the legal same-sex marriages of veterans who live in non-marriage equality states for many veterans benefits. This legal interpretation of the "place of domicile" rule cuts off thousands of gay and lesbian service members, veterans, and spouses from receiving the vital benefits they've earned serving our nation. It also creates great disparity in how our nation's veterans are treated by the VA, with clear distinctions made between veterans based upon their sexual orientation and the gender of their spouse.
What follows is the press release on VA benefits:
WASHINGTON — After close consultation with the Department of Justice ( DOJ ), the Department of Veterans Affairs ( VA ) is providing guidance to same-sex married couples on the benefits and services to which they are entitled under current laws and regulations.
"VA worked closely with DOJ to develop guidance to process cases involving same-sex marriages and to implement necessary changes swiftly and smoothly in order to deliver the best services to all eligible Veterans," said Acting Secretary of Veterans Affairs Sloan D. Gibson.
The U.S. Supreme Court overturned section 3 of the Defense of Marriage Act ( DOMA ), which governed the definitions of "marriage" and "spouse" for all federal agencies. However, there remain certain provisions of federal law governing Veterans' benefits and services that, like DOMA, define a spouse as a member of the opposite sex. In September 2013, the U.S. Attorney General announced President Obama's directive to cease enforcement of those VA-specific definitional provisions.
However, another provision of the law governing VA — 38 U.S.C. 103( c ) — requires the Department to look to the place of residency rather than the place of celebration to determine whether a Veteran's marriage is recognized for the purposes of VA benefits. This statutory requirement to look at the laws governing marriage in the place where the Veteran or Veteran's spouse resided at the time of the marriage or at the time they filed their claim or application precludes VA from recognizing certain same-sex marriages, such as when a couple has never lived in a state that recognizes same-sex marriages. VA has worked with DOJ to develop guidance to process claims and applications for same-sex married couples while still following the statutory requirement to look to the place of residency.
VA is committed to treating all Veterans and their spouses as equally as possible under the law. Since the Windsor decision, VA has worked with DOJ to develop guidance to process claims and applications for same-sex married couples while still following the statutory requirement to look to the place of residency. Importantly, the administrations within VA will aim to apply the same level of scrutiny to all Veterans' marriages, regardless of whether it is a same-sex or opposite-sex marriage. VA will therefore process claims and applications involving same-sex marriage in the same manner that VA processes claims based on opposite-sex marriage without any additional scrutiny or development. This means generally that VA will accept a claimant or applicant's assertion that he or she is married as sufficient evidence to establish a Veteran's marriage for the purpose of VA benefits. VA has made efforts to ensure that claimants will not be negatively impacted as a result of the time that has passed while developing this guidance.
VA is now processing all claims and applications involving same-sex marriages that were previously being held by the program offices. VA launched a new website and is continuing to update forms to inform Veterans and beneficiaries of the recent changes in the law and procedures. The new website provides important information to help Veterans and beneficiaries understand the eligibility requirements under federal law and VA regulations, and answers frequently asked questions.
"Our commitment to provide all eligible Veterans and their families with their earned care and benefits will continue to be our focus as VA begins recognizing same-sex marriages to the extent the law will allow." Gibson said. "We will work with lawmakers to address the changes that are necessary to allow all veterans and their families to access the benefits they have earned and deserve."
Veterans can learn more about VA's guidance regarding same-sex marriages at www.va.gov/opa/marriage/ or by reaching out to one of our Call Centers at 1-800-827-1000.
"When the Assistant Attorney General informed us of this yesterday at the White House, I was deeply saddened and frustrated for our LGBT service members, veterans, and their families," said Stephen Peters, president of AMPA, Marine veteran, and spouse of an active duty Marine. "We simply cannot allow our nation's veterans to continue to be denied the benefits they've earned simply because of the gender of their spouse. While the Administration has made great efforts in providing legal recognition to married same-sex couples wherever they determined it legally possible, it simply isn't enough. Our LGBT veterans have served, sacrificed, and in some cases died right along side their heterosexual counterparts, and our nation cannot allow this injustice to continue. We must demand of our Congress that they pass legislation to address this issue immediately."
Examples of legislation that would provide a solution for our nation's veterans include Respect for Marriage bills introduced by Senator Dianne Feinstein and Congressman Jerrold Nadler; the Veteran Spouses Equal Treatment Act, introduced by Congresswoman Titus; and the Veterans Affairs' amendment proposed by Senators Mark Udall and Jeanne Shaheen.
For more information about the American Military Partner Association and LGBT military spouses and their families, please visit our home on the web at www.MilitaryPartners.org .
