WASHINGTON – Servicemembers Legal Defense Network (SLDN) has filed 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 servicemembers 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 landmark 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 case is about one thing, plain and simple. 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,” 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, Maj. 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.
Abbe Lowell and Christopher Man of Chadbourne & Parke, SLDN’s pro bono co-counsel in the case, explained that providing all servicemembers equal benefits is about more than just ensuring equality. They said this case promotes national security.
“Securing benefits for a servicemember’s spouse allows the servicemember 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.
