Army Veteran and Servicemembers Legal Defense Network (SLDN) Executive Director Aubrey Sarvis today applauded the introduction of HR 6046, the Military Spouses Equal Treatment Act of 2012 (MSET) that would change the definition of "spouse" in four areas of U.S. Code related to recognition, support, and benefits for married service members and veterans. The changes - including Titles 10, 32, and 38 that are challenged in SLDN's landmark litigation, McLaughlin v. U.S., filed in October 2011 - would ensure that spouses of the same gender are eligible for key military benefits.
"Our nation's senior military
leaders and commanders on the ground are increasingly uncomfortable with
administering two classes of recognition, support and benefits for our
nation's service members - one for straight service members and a
different one for their gay and lesbian peers. There cannot be two
classes of service members, and this legislation addresses that
effectively," said Sarvis.
In his remarks at the Pentagon on Tuesday,
Department of Defense General Counsel Jeh Johnson referenced the
growing awareness of this disparity among leadership in the armed
forces.
"The repeal of 'Don't Ask, Don't Tell'
exposes certain inequalities between similarly situated couples in the
military community. This troubles many of our leaders," said Johnson.
In
addition to the titles challenged by SLDN's court case, the bill -
introduced by House Armed Services Committee Ranking Member Adam Smith
(D-WA) - also adds a favorable controlling definition of "spouse" to
Title 37 to provide greater uniformity of benefits for same-sex spouses.
Taken together, MSET would extend dozens of important
spousal benefits and support programs to same-gender spouses, including
coverage under TriCare insurance, an increased housing allowance, and
survivor benefits.
"Ranking
Member Smith has recognized with the introduction of
this legislation today that 'Don't Ask, Don't Tell' repeal - while
a monumental achievement for gay and lesbian service members and all
Americans - does not finish the job of ensuring full equality for these
brave patriots and their families. We thank him for his leadership and
urge his colleagues in both parties and in both houses of Congress to
join him and us in this important fight," said Sarvis.
Sarvis
said he expects a companion bill to be introduced soon in the U.S.
Senate and that SLDN, working with allies, will seek to gain co-sponsors
for the legislation in both bodies.
"Just as SLDN did in the fight to repeal
'Don't Ask, Don't Tell,' we are now engaged in a two-front campaign to
gain full equality for service members, veterans, and their spouses in
the courts and on Capitol Hill. This bill - just like our case before the courts -
is about justice for gay and lesbian military families providing the
same service, taking the same risks, and making the same sacrifices for
our country as their straight, married peers. The military should not
be forced to turn its back on them because the federal government does
not recognize their marriages," said Sarvis.