Judge Richard Stearns, of the U.S. District Court for Massachusetts, has entered judgment in favor of the same-sex married couples who challenged the laws that discriminated against them in the military. Plaintiffs in the case, McLaughlin v. Hagel, attacked the constitutionality of the Defense of Marriage Act and spousal definitions in three other titles of the US Code. They were represented in this case by OutServe-SLDN and the law firm Chadbourne & Parke LLP. Even after the Supreme Court’s decision in the Windsor case, the defendants argued that the McLaughlin plaintiffs were not entitled to judgment in their case.
Under the terms of the judgment, the plaintiffs may seek DoD and DVA benefits as of the date they sought to register the spouses with DoD in late 2011. Benefits that these families lost include additional housing allowances, family separation pay and health insurance coverage. In addition, the court declared that the definitions of “spouse” in Titles 10, 32 and 38 and of “surviving spouse” in Title 38 are unconstitutional.
OutServe/SLDN co-chair, John Gillespie commented: “We sought a judgment that would end the unconstitutional discrimination these service members and their families faced. Each of them paid a price for their service, and this judgment begins to right the many years of discrimination. Most importantly, this decision validates the service and sacrifice of all military family members. It guarantees the nation will recognize their contributions and provide the benefits they have earned.”
