The fight for Military educational Benefits for Same-Sex Spouses
t is no secret that the United States military has made changes over the past few years. One specific change it has made is in regards to its stance on same sex partnership. Marriage to an individual of the same sex used to be grounds for discharge from the military. However, don’t ask don’t tell was repealed, and with that, gay service members may now talk about their home life without fear of losing their jobs and can now engage in many of the natural conversations that occur when working closely with others in a tightly knit unit. Don’t ask don’t tell is now a thing of the past. However, this did not mean that same-sex spouses could receive federal benefits. All military benefits are regulated under the umbrella of the federal government. With that being said, the federal government only regarded marriage as that between a man and woman regardless of the repeal of don’t ask don’t tell. In order for military same sex spouses to receive the same benefits as heterosexual spouses the federal government needed to make a provision to the Defense of Marriage Act (DOMA) which defines marriage as strictly between a man and a woman.
On June 26th 2013, that provision was made. The Supreme Court ruled that the Defense of Marriage Act was unconstitutional. This decision was based on the conclusion that DOMA imposes a stigma on same sex marriages, meaning that same sex marriage was in a sense secondary to heterosexual marriage in that fails to recognize equality by not allowing federal benefits to same sex spouses. As a result, the federal government will no longer enforce the law that prevented benefits to partners of military veterans in same-sex marriages. Beginning in September of 2013, legally married same sex couples were allowed to enroll in programs such as the military’s health and housing plan.
The financial gain from the Supreme Court’s decision could be significant for some veterans with same sex partners. For example, a veteran considered 100 percent disabled gets VA compensation amounting to $2,816 a month. A similarly disabled veteran with a spouse gets $2,973. This is a difference of nearly $1,900 annually. In another example, a spouse of a veteran who died as a result of injuries or illness incurred while on active duty is eligible to receive at least $1,195 a month in compensation. Additionally, under the Post-9/11 GI Bill, veterans can transfer to their spouse or children their unused educational benefits. The VA will pay the in-state tuition rates and fees for veterans attending public schools and up to $17,500 for veterans attending private schools.
This is a huge advancement for military members with same sex spouses and a certain step in the right direction for equality in the United States.
However, more pitfalls still stand in the way of this change, specifically for same sex service members in the National Guard. It is no secret that the National Guard operates at the state level. The changes that were made ruling that the Defense of Marriage Act was unconstitutional applied on a Federal level. National Guardsmen serve a dual mission both to the state and to the federal government. Some states allow for same sex marriage and had no problem processing the benefits of same sex spouses of National Guard servicemen and women. However, some states do not recognize same sex marriage and as a result are refusing to process the benefits of the spouses of National Guard service men and women. States such as Indiana, Louisiana, Mississippi, Texas, Oklahoma, South Carolina, Florida, and West Virginia put another speed bump of same sex spousal benefits despite the Supreme Court ruling that DOMA is unconstitutional. These states believe that processing these same sex spousal benefits and recognizing same sex marriage of National Guard members is unconstitutional in their specific state as same sex marriage is not currently legal in those states. However, like it was previously mentioned, states refusing to process same sex marriage benefits for National Guard members was only a speed bump in the road to equality.
On October 31st 2013, Secretary of Defense Chuck Hagel explained that “all military spouses and families sacrifice on behalf of our country and deserve our respect and the benefits they are entitled to.”
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BTB / Jan, 2013 3