DOJ Will Not Defend Anti-Gay Block on Military Benefits

[w8liftinglady]

http://www.care2.com/causes/doj-will-not-defend-anti-gay-block-on-military-benefits.html

The Obama administration has said, in a letter notifying House Speaker John Boehner (R-OH) late last week, that it will not be defending Defense of Marriage Act-like statutes involved in current lawsuits over a denial of benefits for the same-sex spouses of military personnel.

Title 38 prohibits married gay troops and their partners from receiving housing, medical, disability and death compensation benefits, among other entitlements open to married heterosexuals. Citing the Obama Administration’s decision last year to no longer defend Section 3 of the Defense of Marriage Act because after review it was found unconstitutional, Attorney General Eric Holder states in the letter to the House leadership that the administration believes the same standard is applicable where Title 38 is concerned and therefore the Department of Justice will no longer defend it in court.

While this decision has wider reaching applications, the letter specifically mentions the case of McLaughlin v Panetta, which is currently challenging the exclusion of benefits for same-sex spouses and arguing that it is unlawful discrimination based solely on sexual orientation.



Read more: http://www.care2.com/causes/doj-will-not-defend-anti-gay-block-on-military-benefits.html#ixzz1mx7zN3ZB

[yardwork]

1. I'm glad to see you posting OPs again, lady. I missed you.

[Solly Mack]

2. K&R

[emsimon33]

3. Finally! To deny one group benefits that another group has is

unconstitutional! That the men and women in the military put their lives and health at risk for this country should afford each of them our respect and gratitude...no matter what their sexual orientation and no matter how we personally feel about our country's penchant for declaring war and invading countries. I am happy to see that the Obama administration has called off the Justice Department in defending the indefensible "Defense of Marriage Act"!!!!!

[Fearless]

4. A step in the right direction.