Gay Service Members Sue for Equal Benefits

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October 27 2011 1:32 PM ET

SLDN Files Landmark Litigation on Behalf of Married Gay and Lesbian Service Members, Veterans
Case Challenges Constitutionality of Defense of Marriage Act, Other Statutes Preventing Equal Benefits and Family Support


(Washington, D.C.) Today, Servicemembers Legal Defense Network (SLDN) announced the filing of landmark federal litigation, suing U.S. Attorney General Eric Holder, Secretary of Defense Leon Panetta, and Secretary of Veterans Affairs Eric Shinseki, on behalf of current and former service members seeking equal recognition, benefits and family support for equal sacrifice and service in the U.S. Armed Forces. The plaintiffs, each legally married, want the armed services to recognize their families and seek the same family support and benefits for their same-sex spouses that the services and Department of Veterans Affairs provide to opposite-sex spouses.

The case, filed in the District of Massachusetts, challenges the constitutionality of the so-called Defense of Marriage Act (DOMA), as well as provisions in Title 10, Title 32, and Title 38 of U.S. Code, which preclude the military from providing same-sex married couples with the same benefits and family support as their straight, married peers. This filing builds upon the success achieved by Gay & Lesbian Advocates & Defenders (GLAD) in the case of Gill v. Office of Personnel Management, as well as Commonwealth of Massachusetts v. United States Department of Health and Human Services.

“This case is about one thing, plain and simple. It’s about justice for gay and lesbian service members and their families in our armed forces rendering the same military service, making the same sacrifices, and taking the same risks to keep our nation secure at home and abroad,” said Army Veteran and SLDN Executive Director Aubrey Sarvis. “These couples are in long term, committed, and legally recognized marriages, and the military should not be forced to turn its back on them because the federal government refuses to recognize their families.”





Together, the plaintiffs represent 159 years of military service; serve in the Army, Air Force, Navy and National Guard; and as couples, have been together for a total of 79 years.

“We’ve been serving our country too long, working too hard, and sacrificing too much to see our families denied the same recognition, support and benefits as our straight, married counterparts,” said lead plaintiff, Major Shannon McLaughlin of the Massachusetts National Guard. McLaughlin and her spouse, Casey, are the parents of ten month old twins, Grace and Grant.

Currently, federal law requires the military to ignore these marriages and, therefore, prevents it from providing vitally needed benefits to these legally married spouses, including housing; health care; surviving spouse benefits; the issuance of military identification cards; and morale, welfare, and recreational programs. These inequities were recently spotlighted when Chief Warrant Officer 2 Charlie Morgan of the New Hampshire National Guard, announced today as a plaintiff in this case, was forced to seek intervention from elected officials and the Pentagon in order for her spouse, a part-time special education teacher, to be permitted to attend a yellow-ribbon reintegration ceremony following CW2 Morgan’s return from a deployment to Kuwait.

“As plaintiffs, we are fighting to receive the same benefits and opportunities as our married heterosexual counterparts. This discrimination causes undue financial and emotional hardship for our families. As a cancer survivor, who has been recently diagnosed with a recurrence, I worry every day that my health may take a turn for the worse, and Karen would be unable to receive the survivor’s benefits to help take care of our daughter. We are only asking for fair and equitable treatment as a recognized family,” Morgan said today.

Abbe Lowell and Christopher Man of Chadbourne & Parke, SLDN’s pro bono co-counsel in the case, explained that providing all service members equal benefits is about more than just ensuring equality. They said this case promotes national security.
“Securing benefits for a service member’s spouse allows the service member to do his or her job for the nation with the confidence that they’re not putting their families at risk. It takes the worry out of the equation and allows them to serve with dignity and honor,” they said. Sarvis pointed out this is not about special rights, as some critics have argued.

“We are not advocating any special treatment for the families of gay and lesbian service members or veterans, but we want to underscore that all military families should be treated the same when it comes to recognition, benefits and family support,” said Sarvis.










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