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 cemetaries.”