SLDN To Sue Over Military Benefits For Spouses Of Gay Troops

LAS VEGAS -- The gay advocacy group that successfully lobbied to repeal the military's "don't ask, don't tell" policy plans to file a lawsuit in federal court by the end of October that would challenge the constitutionality of federal laws that make married same-sex couples ineligible for the same benefits as their straight counterparts.

The Servicemembers Legal Defense Network will argue that the federal Defense of Marriage Act violates the Fifth Amendment right to due process, in what the group says will be the first case of its kind. "That has never been done before," Aubrey Sarvis, executive director of SLDN, told The Huffington Post.

Sarvis, who spoke about his group's plans at the OutServe Armed Forces Leadership summit here over the weekend, said the case would be brought by several currently serving members of the military who were married in the seven jurisdictions where same-sex marriages are legal. He declined to identify the plaintiffs.

"We're looking at all the legal remedies available," Sarvis said, noting that the group also is working to change Title 10 of the U.S. Code, which governs the armed forces and defines marriage as between two individuals of the opposite sex.

The SLDN lawsuit would follow a similar case filed last week by a disabled Navy veteran from Connecticut who was denied spousal benefits because she is married to a woman. That case, however, was filed in a court that handles veterans benefits and does not touch upon the compensation of active-duty service members.

While gay military couples are now eligible for "member-designated" benefits such as group life insurance, missing member notification and hospital visitation rights, DOMA keeps health care coverage and housing allowances off limits. Base housing or housing allowances and health insurance can account for as much as 40 percent of a service member's compensation, Sarvis noted, yet those benefits are not available to same-sex married service personnel.

"There is a huge disparity between gay and straight service members who are providing equal service, taking equal risks, making equal sacrifices," Sarvis said. "This inequity should not and cannot stand."

SLDN's impending lawsuit comes as the Senate Judiciary Committee plans to vote next month on the Respect for Marriage Act, which would repeal DOMA.

Comments

[Wendi Goodman]

03:06 PM on 10/18/2011

I filed a claim to add my wife as my legal dependent in June 2010 after we were wed in Iowa. The St Pete Regional Office denied it in record time -- 3 months! I appealed it and after waiting for over a year, it was denied again. Of course, we will continue with the appeal. I have spent almost the last 16 months calling out for the LGBT community to file claims to the VA but no one has listened to me with the exception of one other couple. I did this in my blog, http://onewearysoldier.blogspot.com/2011/05/are-you-disabled-service-connected.html. No one paid any attention to me. I posted it to all the major LGBT organizations and got no response from them. Now they are acting like this is their idea and that no one has been fighting for this. Christ, I've been fighting this one my own for ages. Where the hell where they when I begged them for help???

[josie klapper]

04:44 PM on 10/18/2011

Raising $$$... As far as I can tell ALL the major "GLST" rights groups do NOTHING other than look for donations to continue their existence. Note that the law suit that forced the President and Congresses hand to live up to his campaign rhetoric and promises to repeal DADT was the Log Cabin Republicans. Not a group one normally thinks about as being a liberal, progressive gay/human rights defender...

[Gyrlznluv]

01:32 PM on 10/18/2011

Listen Mr. Gag u Sailor,
You weren't born homophobic, it's a learned behavior. I feel sad for you.

In Bible days, girls were often sold as wives to others. Marriages were arranged for economic or political alliances. Love was not an issue. You were married to whom you were married to. Neither the bride nor groom had much of a choice. Such things are "tradition¬al". Polygamy was a norm. Even in Jesus' day, polygamy was common. Polygamy is not forbidden in the New Testament -- the only stricture against it is that those who would be leaders in the church must have a monogamous marriage. Still want to go back to the Bible days for marriage?
Stop picking and choosing what you what from your Bible!!!

So many Christians, so few lions!

[bluntobject]

01:27 PM on 10/19/2011

A slightly different version of your last sentence was my micro bio before this one I have now. Some rabid right winger (Talosa) got offended and complained so much to HP, they took it down. That was discrimination against me from HP, as far as I am concerned.

[FlexSF]

11:30 AM on 10/18/2011

Great news. I hope the federal court system recognizes sexual orientation as a trait that must be zealously protected in it's system. Maybe the Christian-sexist-marriage-police can get a life at the same time. They are the only people interested in the intimate lives of the gays.

[tidalwave4455]

10:35 AM on 10/18/2011

Of course, some people are 'more equal' than others! How dare gays in the military demand equal remuneration!? Just because when they got separation pay...DOD did pay them...but at about half of a straight person. I am sure that the Repugs are going to pass a law that requires that the DOD not pay gays as much as straights. Just like they would like to try to pay Blacks less than Whites. Because Whites deserve better pay than those 'others'

[FlexSF]

11:32 AM on 10/18/2011

What exactly is being shoved down your throat?

[TBJ]

01:29 PM on 10/18/2011

If you're ranting about someone shoving something gay down your throat, you're probably in the closet. Just sayin'.

[huffnpuff2]

02:36 PM on 10/18/2011

Ha!

[Purpaul]

02:16 AM on 10/18/2011

Give President Obama credit for the first step, the repeal of DADT. It was the right thing, period.

[Intelligenti Pauca]

12:56 AM on 10/18/2011

I still see people talking about why repealing DADT was a bad idea. It's clearly apparent that a number of them have never served in the military themselves­­­­­­­­­­­­­­­­­­­­­­­­­­. For those people, I have a suggestion­­­­­­­­­­­­­­­­­­­­­­­. If you can't be bothered to join the military & serve your country, then you have no right to tell the people risking their lives how they have to live & what they can or can't talk about. It's as simple as that.

You people sit there in the comfort of your homes & have the gall to judge soldiers who lay their lives on the line for you, thereby insuring you the freedom to live as YOU want to, but you've never actually served your country yourself. You people disgust me.

Speaking as a happily married heterosexu­­­­­­­­­­­­­­­­­­­­­­­a­­l male, who has also served in the military, I can say with all honesty that I would rather fight alongside a whole platoon of openly gay soldiers, than I would a whole battalion of you people who seem to be more concerned with if a soldier is gay, whether or not they are talking about it & if they're going to hit on you.

[Balancement]

10:48 PM on 10/17/2011

"Flat earth proponents certainly have the right to be part of the public dialogue and have the right to live their lives according to their belief that the world has four corners. But, society has the right to disregard them as crackpots. Proponents of slavery have every right to be part of the public dialogue and live their lives according to their beliefs. But, society has the right to disregard them as detestable and pass laws outlawing their desire to own other human beings. This same attitude must come from society whenever a religious argument is made against the lives and equal rights of Americans who happen to be gay or lesbian. Slavery advocates made dire predictions about the end of the world if the slaves were freed and we're still here. In fact, the Bible has survived the battle as well. Nothing changed in the Bible--it still condones slavery--but no one dares to make the pro-slavery argument today. We left that idiocy behind long ago.

Whether the Bible condemns homosexuality or not is not the issue. The issue is: can we, as a society, continue to condone the abuse, exclusion, and institutionalized discrimination aimed at any group of human beings? Can we, in good conscience, deny equal rights to any citizen, whether we personally like them or agree with them? If we can, perhaps the flat earth society has some new plum recruits."

--Rev. C. Chellew-Hodge

[the crustybastard]

07:12 PM on 10/17/2011

You believe the garden of Eden myth really happened?

[rwgunn]

07:13 PM on 10/17/2011

Also, do you realize how gay your screen name reads? Gag-a-sailor? Really?

[mmcgrew]

08:33 PM on 10/17/2011

NO denial there.........

[MarkInEugene]

04:01 PM on 10/17/2011

The negative comments in this thread demonstrate that some people still do not see the change that has already happened.

For centuries, Gays and Lesbians have been manipulated, lectured, denied, debased, vilified, condemned, excommunicated, ignored, cheated, subjugated, bullied, silenced, ostracized, beaten and even killed specifically because of their orientation.

Today we have surpassed enough milestones in our struggle for equal rights that make it virtually impossible to reverse the consciousness and understanding that humanity has achieved. This is not so much about another lawsuit or another benefit as much as it is about a deeper understanding of the sexual diversity within our species that too many of us remain ignorant about.

Now we're going to have another angry, ridiculous argument over military benefits. Enough of us see right through this superficial nonsense that we will not relent or play into the same old game of prejudice and hatred that panders to unconscious fear and ignorance. Reality is that we are all different! Our eyes are a hundred million shades of color, every last attribute of every last living organism and inanimate object in this universe is unique. Open your eyes and look at your own ignorance.

[Balancement]

04:46 PM on 10/17/2011

Fanned, Faved, Badged. Well said.

[Morgan378]

04:50 PM on 10/17/2011

Correct MarkInEugene - This is political at best ignorant in the main. When DADT was withdrawn it should have been anticipated by the powers that be that issues such as this wouldn't be far behind. Since all of this could've been completed at the same time it's a wonder who left the cat's tail under the rocking chair. Equality is Equality and the days of "Separate But Equal" are long over. We've all seen what became of that. One step forward and three back. Soon there'll be a "Straight" drinking fountain and a "LGBT" drinking fountain. No one ever learns.

[shaftedbytheleft]

03:58 PM on 10/17/2011

way to go OBAMA...

[zeroesandones]

04:24 PM on 10/17/2011

darn equal rights... (sarcasm)

[duckpuddle]

08:51 PM on 10/17/2011

Don't worry, the openly gay soldiers will defend your rights too.

[shaftedbytheleft]

07:28 AM on 10/18/2011

r u actually in the military, or just another wanna b, getting their 2 cents in???

[Intelligenti Pauca]

03:57 PM on 10/17/2011

During the whole DOMA argument/debate I've repeatedly asked DOMA supporters to provide a logical, rational explanation of exactly how allowing homosexuals to legally marry will affect their lives on a day-to-day basis or how it will change/affect how their marriage works. I have yet to get a single honest answer from any of them.

If you can't even defend your own bigoted argument with any kind of logic or reason, then why should anyone take you seriously when it's obvious that you're basing your negativity towards allowing homosexuals to marry on a combination of one or more of the following factors - emotion, misinformation, lies & religious beliefs. Logic & reasoning never even enter the picture.

And before you start in with the Bible verses & religious dogma, just stop. Your religion has NO bearing on decisions about basic rights that the majority of Americans already enjoy. Your religion doesn't confer any special "rights" or "abilities­­" on you. It doesn't make you any more competent or to judge who is & who isn't deserving of rights in this country.

[eyecon]

04:44 PM on 10/17/2011

There IS no coherent argument in opposition to marriage equality. None! The only honest argument is associated with religious beliefs. Honest but discriminatory and irrelevant as our Constitution requires laws to have a secular purpose. The same fundamentalists made the very same arguments in support of slavery, segregation and laws against interracial marriages.

About a year ago Kyle Mantya at Right Wing Watch published some of the opinion supporting slavery. It was astonishingly consistent with the current anti-gay hyperbole.

[Intelligenti Pauca]

07:41 PM on 10/17/2011

You wouldn't happen to have a link to that posting, would you? It would make for some great ammo for an argument.

[Morgan378]

05:51 PM on 10/17/2011

Agreed - Intelligenti Pauca - Somehow, somewhere the concept - within not only the Founding Fathers but also the very Constitution they so arduously wrote - the strident proclamation for the "Separation of Church and State" seems to not only have gotten lost, but corrupted when it is glimpsed. Put to paper - equal rights - instead of being applied evenly over all - got consumed by self righteous citizens who look down on others. Whether it be class, religion, blacks, women, etc,... it doesn't seem to matter that their supposed "patriotism" was disfigured by the very covenants in the Nations birth by the religious abuses it was born for. Progressive vs. Word for Word interpretations of this document via the Supreme Court sway the way the wind blows - but both the Spirit AND Letter of the Constitution will, must and should prevail. A Constitutional Ban defining marriage and the access to it has no place in this Constitution and if the Church desires to act - that, in and of itself, is the proper venue for this discussion and decision. Contracts and benefits should remain the purview of the State according to it's citizens with equal application to all.

[Intelligenti Pauca]

07:42 PM on 10/17/2011

Well said my friend.

F & F.

[dannydmc]

03:57 PM on 10/17/2011

This is why the gay agenda will never be supported by most Americans. First it was a matter of being recognized, then equal, then approval comes next. Give an inch and they fight for a mile...pretty soon, it will be like everything else, unfair towards everyone EXCEPT the minority

[zeroesandones]

04:26 PM on 10/17/2011

OMG you are right..
equal rights are so unfair!!!

[dannydmc]

05:44 PM on 10/17/2011

As I said, yesterday you were wanting equality, now your wanting special benefits, tomorrow you will be asking for opression of every one else. It is no different from the civil rights movement and now you have affirmative action, which is discriminatory against every one EXCEPT the minorities.

[NYC619]

04:26 PM on 10/17/2011

Paranoia still hitting you hard, heh hater?

[AFSGT8]

03:52 PM on 10/17/2011

I do not think the general public knows how much more a married heterosexual couple receives in benefits than I would if I were to legally marry my girlfriend. Let me break it down :1.) 500 less per month in housing allowances 2.) I will pay $3000 more per semester (out of state tuition) due to spouse not being an official dependent 3.) $25,000+ for the ability to transfer G.I. benefits to her 4.) $250 per month minimum for health insurance 5.) $15,000+ for inability to file for joint VA home loan (no down payment and low interest rates) 6.) $$$$ Cannot transfer retirement benefits to spouse. These are just a few of the big ones. I do the same job, take the same risks and love this country with all my heart. I deserve equality.

[skylover]

05:02 PM on 10/17/2011

Yes you do!

Fanned and faved

[mchcallow]

06:28 PM on 10/17/2011

Thanks for your service...

F&F

[randallr01]

03:47 PM on 10/17/2011

Gay Marriage is coming quickly to every single state in the US... The only question is: which lawsuit will make it happen?

[duckpuddle]

09:04 PM on 10/17/2011

Or more accurately, how many will it take! The more at the federal level, the merrier, or should I say Mary-er?