Veterans Spouses Equal Treatment Act Reintroduced To Extend Equal Veterans Benefits for LGBT Veterans And Their Families

Legally married same-sex couples continue to be denied access to many earned benefits from the Department of Veterans Affairs

WASHINGTON - March 25, 2015 – The American Military Partner Association (AMPA) released the following statement today following the reintroduction of the Veterans Spouses Equal Treatment Act by Representative Dina Titus (D-NV) in the U.S. House of Representatives. The bipartisan legislation would change discriminatory language in Title 38 that prevents the Department of Veterans Affairs (VA) from granting full access to earned veterans benefits to legally married same-sex couples living in non-marriage equality states.

"The ability of our nation’s veterans, no matter their sexual orientation, to access their earned benefits should be an issue that transcends partisan politics," said AMPA President Ashley Broadway-Mack. "This bipartisan bill would finally give all of our nation's veterans, no matter the sex of their spouse or what state they happen to live in, access to the earned benefits they need and deserve. We applaud Rep. Titus and her incredible commitment to ending this unjust discrimination."

As service members transition from active duty, legally married same-sex couples in non-marriage equality states are denied full and equal access to many earned veterans’ benefits from the Department of Veterans Affairs, including disability compensation based on dependents and even access to the full backing of VA home loans. Even after the Supreme Court’s decision in the Windsor case, the Department of Veterans Affairs continues to follow a discriminatory provision in the governing statute – Title 38 section 103(c) – that requires it to look to the state of residence to determine the validity of a marriage.

The bipartisan legislation is cosponsored by Representatives Mike Coffman (R-CO), John Conyers (D-MI), Carlos Curbelo (R-FL), Richard Hanna (R-NY), David Jolly (R-FL), Beto O'Rourke (D-TX), Ileana Ros-Lehtinen (R- FL), Mark Takano (D-CA), and Adam Smith (D-WA).

In August of 2014, AMPA filed a lawsuit against the Secretary of the VA challenging the VA’s regulations. 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)].

For more information about the American Military Partner Association and LGBT military families, please visit our home on the web at www.MilitaryPartners.org.

The American Military Partner Association, a non-profit and non-partisan organization, is the nation’s largest organization for the partners, spouses, families, and allies of America's LGBT service members and veterans. Based in Washington DC, AMPA is committed to education, advocacy, and support for our modern military families."

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