“The Defense of Marriage Act was enacted before same-sex marriage was legal anywhere in the United States,” said Katie Miller,
author of the report. “Now that nine states have broken down that
barrier, it is time that the integrity of all marriages is defended by
federal law. No man or woman who dedicates their life to the protection
of our country should have to worry about their families being cared for
in their absence. Creating two classes of service members is no way to
treat our troops and no way to run our military.”with Secretary
Panetta’s reforms, and how it will continue to undermine our military
unless the law is struck down.
While the Pentagon was able to extend a number of benefits independent
of DOMA’s repeal, it is Congress that grants the most important and
financially robust benefits to service members and relies on the
definition of marriage set forth in DOMA that excludes same-sex married
couples. Nearly 100 of the statutory benefits conferred on our troops
depend on this definition of marital status and are denied same-sex
military spouses and their children—including housing and moving
benefits, health insurance, and employment assistance. In fact, DOMA
would deny legal spouses immediate emergency notification if their
husband or wife was killed, wounded, or missing in action and deny them
the right to be laid to rest beside them in a military cemetery.
Capt. Matthew Phelps, an officer in the U.S. Marine Corps, who made
headlines when he became the first gay man to propose marriage to his
partner at the White House expects to receive orders for Okinawa, Japan,
at the end of summer. As long as DOMA remains in effect and the cost of
his moving is taken into consideration, Capt. Phelps may expect to
receive about $20,000 less in benefits and allowances than the other
married servicemen that he serves beside.
“As much as military leaders at all levels may wish to treat the
troops under their command with equity, they are forced by federal law
to discriminate,” said Allyson D. Robinson,
Executive Director of OutServe-SLDN. “As a result, gay and lesbian
service members are denied access to critical benefits and meaningful
support programs the services provides to help families face the unique
challenges of military life. This denial weakens the force itself.”
