Gay military personnel rally together in lawsuit against the United States

San Diego Gay: LGBT WEEKLY
San Diego Gay: LGBT WEEKLY
Protesters stand together in wake of the fall of the discriminatory DADT policy. // PHOTO: New York Daily News

The Defense of Marriage Act (DOMA) is under fire after a group of married gay military personnel, the Servicemembers Defense Legal Network (SLDN), filed a lawsuit Thursday against the United States government. The lawsuit was filed in Boston at the U.S. District Court where the main argument presents a violation of constitutional rights for same-sex couples under the DOMA legislation.

“This case is about one thing, plain and simple,” said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network in a statement to USA Today. “It’s about justice for gay and lesbian servicemembers 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.”

The lawsuit states that DOMA’s discriminatory policy has caused “undue financial and emotional hardship” for gay married couples who have been unable to collect benefits due to the Pentagon’s nonrecognition of same-sex marriages.

“In connection with ‘Don’t Ask, Don’t Tell’ repeal, the Defense Department is engaged in a careful and deliberate review of the possibility of extending eligibility for benefits, when legally permitted, to other individuals including same-sex partners,” the statement said.

The group is seeking fair benefits under the lawsuit since the current law ignores same-sex marriage at the federal level. The Pentagon will review the suit and make action thereafter, a spokesperson for the Pentagon said.

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