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Gay & Lesbian Military File DOMA Challenge

By Charlotte Robinson, November 22, 2011
The Defense of Marriage Act must go. It hurts our LGBT community by denying 1,138 federal rights & benefits to our legally married families. In the military though the repeal of “Don’t Ask, Don’t Tell” was major DOMA harms our brave gay & lesbian service members. SLDN (Servicemembers Legal Defense Network) has filed a motion for summary judgment in the case McLaughlin v. U.S. This is the legal challenge filed in October by SLDN & co-counsel Chadbourne & Parke on behalf of current & former service members seeking equal benefits & family support for equal sacrifice & service in the U.S. Armed Forces. The plaintiffs are all legally married & want the armed services to recognize their families. They seek the same family support & benefits for their same-gender spouses that the services & Department of Veterans Affairs provide to heterosexual spouses. The case was filed in Massachusetts & challenges the constitutionality of the Defense of Marriage Act (DOMA), as well as provisions in Title 10, Title 32 & Title 38 of U.S. Code, which preclude the military from providing gay married couples with the same benefits & family support as their straight, married peers. Updates to Come…:)
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1 comment:

Aubrey Sarvis said...

This case is about justice for gay and lesbian service members and their families in our armed forces rendering the same military service, making the same sacrifices, and taking the same risks to keep our nation secure at home and abroad. These couples are in long term, committed, and legally recognized marriages, and the military should not be forced to turn its back on them because the federal government refuses to recognize their families.

The facts in this case are clear. All of these service members are legally married and entitled to equal benefits, yet are prevented from receiving them due to the Defense of Marriage Act. Given that none of these facts is in dispute, the only question is, ‘what does the law require?’ That question can be answered right now, and today, we are urging the judge in this case to make that answer in favor of these plaintiffs.

Aubrey Sarvis Army Veteran and SLDN Executive Director

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