DOJ backs equal benefits for gay couples in the military

posted at 9:30 pm on February 18, 2012 by Tina Korbe

The administration yesterday announced that it will allow same-sex military spouses to receive marriage benefits like hospital visitation rights and side-by-side burials in military ceremonies:

In a letter to the House speaker, John A. Boehner, Attorney General Eric H. Holder Jr. said that the Justice Department shared the view of plaintiffs in a lawsuit in Massachusetts that such laws — including a part of the Defense of Marriage Act, and statutes governing veterans’ benefits —are unconstitutional. …

The legislative record of these provisions contains no rationale for providing veterans’ benefits to opposite-sex spouses of veterans but not to legally married same-sex spouses of veterans,” he wrote. “Neither the Department of Defense nor the Department of Veterans Affairs identified any justifications for that distinction that could warrant treating these provisions differently from” the marriage act.

Two past administration decisions make this news decidedly not surprising. In the first place, the Justice Department has for months refused to defend a key section of the Defense of Marriage Act (never mind that it’s law!). In the second, the Pentagon recently decided to allow military chaplains to perform same-sex marriages on and off federal bases.

News like this makes me ponder anew Ed’s opinion that the government should get out of the marriage business entirely. Perhaps he’s right. The benefits addressed by this decision have nothing to do with the religious meaning of marriage; they’re strictly practical matters. If I were in the military, I’d like to be able to confer hospital visitation rights on a person of my choosing no matter what their relation to me. Same story with side-by-side burials.

More importantly, though, news like this makes me extra sensitive to the religious liberty battle that’s waging across the country right now. We need conscience protections for military chaplains and, indeed, for all people of faith, to ensure that we’re never required to recognize same-sex marriage as an ordinance or sacrament of God.


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I don’t need the WaPo to tell me that Eric Holder lied thoughout his testimony to Issa’s committee and many times before that…We have thugs at the helm of our govenment and they are in bed with the American media.

d1carter on May 17, 2013 at 1:24 PM

i wasn’t even there that day, i calle din sick. That would have been a better line to use.

phatfawzi on May 17, 2013 at 1:30 PM

Carnac the Magnificent holds the envelope to his head:

“What will phatfawzi write in his comment?”

i wasn’t even there that day, i calle din sick. That would have been a better line to use.

phatfawzi on May 17, 2013 at 1:30 PM

The Rogue Tomato on May 17, 2013 at 1:31 PM

Well, shoot, they fixed it.

The Rogue Tomato on May 17, 2013 at 1:32 PM

with all the shaking of my head that I did this week, just can’t wait to see what Friday’s document dump is going to be!!

CoffeeLover on May 17, 2013 at 1:33 PM

Is it still America?

Schadenfreude on May 17, 2013 at 1:35 PM

Is it still America?

Schadenfreude on May 17, 2013 at 1:35 PM

What’s in a name? Is it still the Constitution? Not according to the liberal liars that abuse it however they see fit. And their voters keep stepping up for more…That’s the problem with America. I no longer blame the Tyrants in charge, I blame everyone that voted for them. Low-Information or not.

kirkill on May 17, 2013 at 1:47 PM

in other words, “They are who we thought they were!”

kirkill on May 17, 2013 at 1:48 PM

On topic, on all threads.

Schadenfreude on May 17, 2013 at 1:50 PM

Of course Eric lied. His lips were moving.

GarandFan on May 17, 2013 at 1:52 PM

Is it still America?

Schadenfreude on May 17, 2013 at 1:35 PM

That’s the question isn’t it?

I was in the last years of the cold war.. and while I’m always going to be proud of my tiny microscopic contribution to that struggle.. The question in my mind, did I enlist, then lose half my hearing and an eye injury (which still plaques me) resulting in a Honorable medical discharge,…

for this?

To be considered an enemy of the State by the government I enlisted to protect?

and what of the wounded vets who gave up so very much more and fall into the “thought crime” category? What’s going through their heads right now..

“thank you for your service.. now SHUT UP, up against the wall repuglican”…

Obama has turned any trust left in the fairness of ANY agency to sh*t, and all in one fell swoop…

mark81150 on May 17, 2013 at 2:02 PM

Holder: I don’t feel like prosecuting myself, so I won’t. And since I’m the Attorney General and deserve respect, I won’t let anyone else prosecute me either! So there!!! (Sticks out tongue, Bronx cheer)

Steve Z on May 17, 2013 at 2:09 PM

Ok. That’s it. Head exploded near last paragraph. Sorry for the mess.

Tsar of Earth on May 17, 2013 at 2:26 PM

mark81150,

I come from a long family of military.

I’m struggling with advice to my son who is entering HS. I really can’t see recommnding serving this regime or the next one Hillary.

I won’t denigrate the service but I sure won’t sugggest or prod him toward that path.

I figure he will serve his country enough paying back the $17,000,000,000,000 bill run up by DC.

acyl72 on May 17, 2013 at 2:27 PM

Ed,

Loudly, clearly, on every occasion: To attack Syria to bump the investigations from headlines = huge flagrant abuse of power.

Must be in advance, repeatedly, where Americans can hear it. That fox channel doesn’t count. Afterward is too late.

kunegetikos on May 17, 2013 at 2:33 PM

I come from a long family of military.

I’m struggling with advice to my son who is entering HS. I really can’t see recommnding serving this regime or the next one Hillary.

I won’t denigrate the service but I sure won’t sugggest or prod him toward that path.

I figure he will serve his country enough paying back the $17,000,000,000,000 bill run up by DC.

acyl72 on May 17, 2013 at 2:27 PM

My son is 11,.. and already asking about my service time a lot, and while I won’t push him either way, let him come to his own choice as you are..

I know exactly what you’re saying..

There isn’t a military family in America that hasn’t known the terrible price of service, My wife’s family sent 4 young men, cousins to Iraq, and Afghansitan, one young man had his head taken off by an RPG.. I’ had three friends, one in the 4th Infantry, met him while he was a recruiter, he made it through his first tour..

and I found out a few weeks ago, he didn’t retire as he told me he would..

He didn’t make it..

and I still feel sick over it.

So what do we tell our sons, daughters?

Serve,.. but expect to return to a two class system, one for the favored THINK, the other,.. those…… people..

I have always have and still love my country.. .

but a national divorce seems less awful than it used to.

mark81150 on May 17, 2013 at 2:36 PM

The repetition of “I dunno” makes me think of this. It’s brain damage!

GWB on May 17, 2013 at 2:38 PM

So… Holder doesn’t know anything and recused himself from an investigation because he “had knowledge”. ‘kay….

ghostwalker1 on May 17, 2013 at 2:58 PM

Give Holder’s deputy, Mr. Machen, a break. After all, who wants to be called a racist for prosecuting a black guy?

BigAlSouth on May 17, 2013 at 3:03 PM

If Holder can’t make a decision for his own Department then what good is he? The direction of delegation is not down unless that is how Congress tells you to do it… it goes in the other direction by the person who had the power to put you in that position. Responsibility flows up via accountability.

Holder is trying to deny both and that is a FAIL.

Attacking the First Amendment rights of citizens, which is the freedom of speech and against unwarranted searches and seizures, is unconstitutional. Not that these fine fuhrers think much of that document to which they swear an oath. Nor about their oath’s, apparently.

Oathbreakers.

Tyrants.

Despots.

Welcome to the Obama Administration.

ajacksonian on May 17, 2013 at 3:16 PM

Race card laminated with Teflon.

hillsoftx on May 17, 2013 at 3:18 PM