AMPA issues Veteran’s Day challenge to VA’s discrimination against LGBT vets

Posted on 11 Nov 2014 at 7:00am

AMPAFor Veteran’s Day, The American Military Partner Association, the nation’s largest organization for the partners, spouses, families, and allies of America’s LGBT service members and veterans, once again called on the Department of Veterans Affairs to grant full and equal benefits to legally married LGBT veterans and their spouses.

“This is completely unacceptable and must be fixed now,” said Gene Silvestri, a U.S. Army veteran and AMPA’s Veterans Affairs Coordinator. “It’s unconscionable that legally married LGBT veterans are still being denied their full veterans benefits if they happen to live in a state that doesn’t respect their marriage. These are earned federal benefits, not benefits from the state.”

“How much longer do these families have to wait for the benefits they’ve sacrificed for and earned serving our nation?” asked Ashley Broadway, spouse of a U.S. Army officer and AMPA’s Director of Family Readiness. “More importantly, why does no one seem to care that these families are being treated differently? Where are the members of Congress who are supposedly champions of our veterans and their families?”

Even after the fall of the Defense of Marriage Act that prevented the federal government’s recognition of same-sex marriages, the Department of Veterans Affairs continues to follow discriminatory language in Title 38 section 103c when determining the validity of marriages for veteran benefits purposes. As service members transition from active duty, same-sex couples in non-marriage equality states are denied full and equal access to many earned veterans’ benefits from the VA. Legally married active duty service members living in non-marriage equality states are also denied access to the full backing of VA home loans.

In August, AMPA filed a lawsuit against the Secretary of the VA challenging the VA’s regulations.

“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 challenge is now pending in the United States Court of Appeals for the Federal Circuit [AMPA v. McDonald, No. 14-7121 (Fed. Cir. 2014)].

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