Veterans Affairs Faces Lawsuits from Same Sex Couples Who Were Denied Veterans Benefits

Although the Social Security Administration announced this past June that same sex couples could not be denied Social Security benefits, even in states that have not passed marriage equality legislation, Veterans Affairs has continued to deny veterans benefits to same sex couples in states that have not legalized gay marriage.

Now, LGBT-rights organization American Military Partner Association (AMPA) has issued a lawsuit against the Department of Veterans Affairs for denying veterans benefits to same sex partnerships.

The AMPA argues in their lawsuit that when the Supreme Court found DOMA (Defense of Marriage Act) illegal and stated that Social Security benefits could not be denied to legally married same sex couples – even if the couple was married in one state but lives in a state that does not recognize gay marriage – that ruling also applies at the federal level to veterans benefits.

“Having weathered the federal government’s past, longstanding discrimination against them, lesbian and gay veterans and their families find themselves once again deprived of equal rights and earned benefits by the government they served and the nation for which they sacrificed,” the legal complaint says.

Currently, 19 states and the District of Columbia have passed marriage equality laws, while 31 states and 2 US territories ban same sex marriage. The military lifted its ban on openly gay troops in 2011.

Veterans who have same sex spouses must meet residency requirements in order for the non-military partner to qualify for veterans benefits: “In determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued,” the federal code reads.

“The VA’s incorporation of state definitions of marital status that discriminate against same-sex couples to determine eligibility for federal spousal benefits is arbitrary, capricious, and contrary to law,” the lawsuit argues. “It violates the Fifth Amendment, including by impinging on the fundamental right to marry and by denying equal protection on the basis of sexual orientation and sex.”

“It is simply unacceptable to see AMPA’s members not only discriminated against in their home states where their marriages are disrespected but also turned down by the federal government for basic veterans benefits for their spouses,” added Stephen Peters, a Marine veteran and president of the American Military Partner Association. “Our members will be denied pension and survivors benefits, home loan guarantees, and other earned veterans benefits.”

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If past problems with your records affect your ability to apply for Veterans Disability in the state of South Carolina, the attorneys at the Strom Law Firm can help. Veterans Disability can be complex.  Not understanding the basics and not having counsel can leave you in a bind.  We understand that you need your benefits.  We will put our years of experience to work for you to ensure that you have the representation necessary to actively pursue your claim.  Call the attorneys at the Strom Law Firm today to discuss your Veterans Disability case today.  We will be glad to discuss any questions you may have during our free, confidential consultation.  Call the experienced attorneys at the Strom Law Firm at (803)252-4800.