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发帖数: 4174 | 1 LAS VEGAS -- The gay advocacy group that successfully lobbied to repeal the
military's "don't ask, don't tell" policy plans to file a lawsuit in federal
court by the end of October that would challenge the constitutionality of
federal laws that make married same-sex couples ineligible for the same
benefits as their straight counterparts.
The Servicemembers Legal Defense Network will argue that the federal Defense
of Marriage Act violates the Fifth Amendment right to due process, in what
the group says will be the first case of its kind. "That has never been done
before," Aubrey Sarvis, executive director of SLDN, told The Huffington
Post.
Sarvis, who spoke about his group's plans at the OutServe Armed Forces
Leadership summit here over the weekend, said the case would be brought by
several currently serving members of the military who were married in the
seven jurisdictions where same-sex marriages are legal. He declined to
identify the plaintiffs.
"We're looking at all the legal remedies available," Sarvis said, noting
that the group also is working to change Title 10 of the U.S. Code, which
governs the armed forces and defines marriage as between two individuals of
the opposite sex.
The SLDN lawsuit would follow a similar case filed last week by a disabled
Navy veteran from Connecticut who was denied spousal benefits because she is
married to a woman. That case, however, was filed in a court that handles
veterans benefits and does not touch upon the compensation of active-duty
service members.
While gay military couples are now eligible for "member-designated" benefits
such as group life insurance, missing member notification and hospital
visitation rights, DOMA keeps health care coverage and housing allowances
off limits. Base housing or housing allowances and health insurance can
account for as much as 40 percent of a service member's compensation, Sarvis
noted, yet those benefits are not available to same-sex married service
personnel.
"There is a huge disparity between gay and straight service members who are
providing equal service, taking equal risks, making equal sacrifices,"
Sarvis said. "This inequity should not and cannot stand."
SLDN's impending lawsuit comes as the Senate Judiciary Committee plans to
vote next month on the Respect for Marriage Act, which would repeal DOMA. |
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