Pride Month 2022: Advocates for LGBTQ Veterans seek to update VA’s governing statute to recognize same-sex couples

2022-06-08T12:58:28-04:00

It’s been nine years since the U.S. Supreme Court struck down the federal Defense of Marriage Act (DOMA), which among other expansions of gay rights, enabled same-sex spouses of military Veterans to obtain the federal benefits they’d earned. And it’s been seven years since the high court ruled in Obergefell v. Hodges that same-sex marriage is a fundamental right in the United States.

The U.S. Department of Veterans Affairs (VA) abided by those rulings in granting benefits and services to eligible Veterans and their spouses in same-sex marriages, including surviving spouses. However, VA law to this day defines a Veteran spouse as “a person of the opposite sex who is a wife or a husband.”

That needs to change so that VA’s guiding statute reflects the current law of the land, according to a group of House lawmakers and Veterans’ service and advocacy organizations representing families of the fallen and minority members of the military.

The Supporting All Veteran Families Act (H.R. 6849), a bill introduced in the House this spring by Democratic Reps. Marie Newman of Illinois, Mondaire Jones of New York and Kaialiʻi Kahele of Hawaii, would do exactly that. The measure would formally recognize lesbian, gay, bisexual, transgender, queer and/or questioning Americans and same-sex couples under VA’s marriage law for spouses or surviving spouses of Veterans.

“As public leaders in our nation, each of us has a moral obligation to ensure that all LGBTQ+ Veterans and their families receive the hard-earned benefits they deserve for protecting us and serving our country honorably,” Newman said in the March 3 news release. “The time to remove this discriminatory language is long overdue, which is why I am proud to partner with my colleagues on this critical legislation that will clarify that supporting LGBTQ+ Veterans and their families is the official, written policy of the VA.”

New uncertainty about the security of constitutional rights

Since Obergefell, VA has made clear in policy directives that same-sex Veteran couples and their children are eligible to receive spousal benefits. On forms, references to “husband” and “wife” now refer to a “spouse” instead. VA encourages the roughly 1 million LGBT Veterans in the United States to apply for benefits and services, and to tap into LGBT Veteran Care Coordinators positioned at every VA health care facility (https://news.va.gov/89602/vba-celebrates-veterans-pride-month).

Nevertheless, the lawmakers said in the statement, Congress should still pass legislation to make sure VA’s statute fully recognizes same-sex Veteran spouses in law.

As Pride Month celebrations take place this month, some also worry about percolating legal threats to marriage equality rights and to other constitutional protections many Americans may have considered secure. That’s due to a recently leaked Supreme Court draft opinion indicating that a majority of the justices could vote this summer to overturn Roe v. Wade, the nearly 50-year-old precedent holding that the U.S. Constitution protects a woman’s right to an abortion.

Even though opinion polls matter little in swaying the way the Supreme Court rules, a Gallup poll released on June 1 found that an all-time-high of 71% of Americans support same-sex marriage. (Just 27% of Americans supported this right when Gallup asked this question in 1996, according to the pollster.) Similarly, a Gallup poll from June 2 found that 63% of Americans said they thought overturning Roe and allowing each state to decide whether to allow, restrict or ban abortion would be a “bad thing,” the pollster said.

TAPS president and founder: VA marriage language is “archaic”

Among the groups joining the House lawmakers’ statement in support of H.R. 6849, which would expand VA’s definition of marriage to recognize all same-sex couples, is the Tragedy Assistance Program for Survivors (TAPS), a nonprofit VSO. TAPS has since 1994 operated programs here and abroad for adult and youth survivors of the death of a military or Veteran loved one. Last year the group made supportive connections with more than 9,000 newly bereaved family members.

Bonnie Carroll, the organization’s president and founder, said in the news release that the “hold yourself out to be married” clause in the VA law is “archaic,” and it can wind up causing “many surviving spouses to live in fear of losing their survivor benefits when moving forward in their lives.”

That’s because so many VA benefits and services — education, health care, home loans, pensions and more — are tied to a Veteran’s marital status, including a Veteran’s “spouse” or “surviving spouse.”

Carroll said TAPS appreciated that “this bill ensures same-sex surviving spouses are always treated equally, the same as opposite-sex surviving spouses, and in the event of a Veteran’s death the surviving spouse is entitled to the same VA benefits.”

Lindsay Church, executive director of Minority Veterans of American, added in the statement that it is “beyond time” that the law is updated, noting that “LGBTQ Americans have been serving in our military throughout history, often sacrificing their rights and identities to do so.”

H.R. 6849 is pending before the House Committee on Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs.

Learn more

Read more about VA benefits and services for LGBT Veterans at https://news.va.gov/89602/vba-celebrates-veterans-pride-month

Read VA’s policy guidance and frequently asked questions related to same-sex marriages at https://www.va.gov/opa/marriage

Read the news release on H.R. 6849 at https://newman.house.gov/posts/reps-newman-jones-kahele-introduce-bill-to-recognize-same-sex-marriages-under-veteran-affairs-marriage-laws

View the recent Gallup polls at https://news.gallup.com/poll/393197/same-sex-marriage-support-inches-new-high.aspx and at https://news.gallup.com/poll/393275/steady-americans-not-roe-wade-overturned.aspx

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Response by SGT David A. 'Cowboy' Groth made Jun 8 at 2022 1:00 PM

2022-06-08T13:00:04-04:00

Thank you for the news report RallyPoint Shared Content

Response by SGT Private RallyPoint Member made Jun 8 at 2022 1:31 PM

2022-06-08T13:31:39-04:00

All should be treated equally.

Response by SGT Private RallyPoint Member made Jun 8 at 2022 3:51 PM

2022-06-08T15:51:59-04:00

Yes it should be changed.

Response by SP5 Peter Keane made Jun 8 at 2022 5:27 PM

2022-06-08T17:27:00-04:00

Just to be clear, this is not VA's law. This is Title 38, the law GOVERNING the VA.

Response by LCpl Jerry Syrovatka made Jun 9 at 2022 4:20 AM

2022-06-09T04:20:43-04:00

And the saddest part was its abomination in Gods eyes. We want God to bless us but spit in his face on these issues. Our founding fathers are turning over in their graves. The end times says the good is bad and the bad is good. We are heading to self destruction of our great nation that God so graciously gave us. Satan down fall was pride and guess what our country is going to be destroyed from our moral pride. God bless our country and our men and women who serve and signed a blank check for their lives. Jesus loves you no matter the out come. I once was a sinner and was brought back from the depths of hell and I wouldn’t recommend my worse enemies that fate. All you that believe its ok, will have a surprised at the end of your life, I am only speaking from the Bible stand point, All sin is bad, no matter how big and small. I am not here to judge but to warn of the coming of Christ. Don't be caught standing on the other side of the fence or straddling it. The end times said the people will think good is bad, and the bad is good, Look it I used to do drugs (all types) and try to serve the LORD , but that did not work I was in misery, and I am so sorry for what I did, that I am ashamed of it, its now legal now but I am called away from it. Its your life you have freedom of choice, I choose to serve GOD you have to serve somebody, whether its God or Satan its your free will, All I am doing and standing at the gates trying to stop people from sending themselves to hell. Still there choice, that what God gives us choice. From our actions we can either have good consequences or bad consequences from your choices. May God grant you wisdom to know the difference and choose right

Response by CA Leonard Boucher made Jun 9 at 2022 10:34 PM

2022-06-09T22:34:09-04:00

Bullshit!

Response by SPC Lyle Montgomery made Jun 10 at 2022 2:20 PM

2022-06-10T14:20:09-04:00

It should be called Shame Month. There is nothing proud about it

Response by MCPO Roger Collins made Jun 13 at 2022 11:49 AM

2022-06-13T11:49:40-04:00

If they are so proud, why the masks?

Response by SGT J Mullay made Jun 15 at 2022 8:28 PM

2022-06-15T20:28:28-04:00

Enlisted decorated combat vet. We paid our dues, did our part to advance freedom for EVERY American. Some who rose to gr8 power (cowardly) shirked their responsibility to evade.

Response by Sgt Len Bradshaw made Jun 15 at 2022 8:51 PM

2022-06-15T20:51:16-04:00

Of course, it makes perfect sense. For those of you who have a problem with that, please tell us... what skin is it off your nose? How does it negatively affect you, or what does it deprive you of to provide these benefits to others?

Response by SSG Stephen Clabots made Jun 15 at 2022 9:18 PM

2022-06-15T21:18:55-04:00

If there is celebrations for people who are not straight then to be fair there MUST also be celebrations for those who are straight! "WE" Soliders are supposed to be ALL GREEN or Blue for the AIR Forces. I'm tired of people thinking they should be given more special attention than those that deserve it!!

Response by LCDR Noelle Holly made Jun 15 at 2022 11:28 PM

2022-06-15T23:28:06-04:00

My wife and I have never had any issues with the VA. Home loan years ago and COVID booster just a few months ago.

Maybe I am assigned to one of them liberal VA's....in Utah of all places.

Response by Cpl James Wiegand made Jun 16 at 2022 5:45 AM

2022-06-16T05:45:15-04:00

What kind of BS has the military stepped into with all this Gay Pride crap? This country was built on the foundation of honor and blood. Not rainbows and unicorns. Seriously?

Response by CPL Thaddeus Humiston made Jun 16 at 2022 10:18 AM

2022-06-16T10:18:32-04:00

Haters are going to hate

Response by Cpl Steve Lant made Jun 17 at 2022 9:26 PM

2022-06-17T21:26:42-04:00

The law states it as the Bible states it. As it should be!

Response by SPC David Willis made Jun 23 at 2022 12:48 PM

2022-06-23T12:48:49-04:00

Look at all these imperfect people passing judgement on other imperfect people forgetting that no sin is greater then another. Its almost like they don't care about the book they claim to love so much. Bad christians, bad!

Response by SFC Joe S. Davis Jr., MSM, DSL made Jul 29 at 2022 11:22 AM

2022-07-29T11:22:21-04:00

Thanks for sharing.

Response by SGT Talma Brown made Sep 18 at 2022 4:15 PM

2022-09-18T16:15:31-04:00

I have a huge disagreement with Obama's ruling that allowed (required) the military services to pay for 'trans' surgeries. It is contrary to the military function when people enlist only to serve their own purposes, not to serve the Country. Those surgeries prevent soldiers from doing the jobs they promised to do, they signed a contract to do, and are being paid to do. Enlisting solely to get 'free surgery' is FRAUD.

Response by SFC David Reid, M.S, PHR, SHRM-CP, DTM made Sep 24 at 2022 3:40 PM

2022-09-24T15:40:47-04:00

Some companies have also made changes of their benfit offerings in support of this.

Response by CMDCM Gene Treants made Nov 17 at 2022 12:10 AM

2022-11-17T00:10:23-05:00

The House just passed the Equality Act, a landmark LGBTQ rights bill. This Bill prohibits discrimination based on sexual orientation and gender identity in numerous arenas, including employment, housing, education, public accommodations, credit, and jury service.

It still needs to pass in the Senate. Maybe, just maybe, if it becomes law, the VA will finally come around. MAYBE! It is time to end this and other forms of discrimination, we are Military, AD and Ret! All of us should be equal in the VA System (well Vets anyway).

Response by SrA Private RallyPoint Member made Jul 27 at 2023 5:59 PM

2023-07-27T17:59:20-04:00

I served during "don't ask, don't tell." And I didn't come out as bisexual until my thirties, a gay acquittance of mine said that he was jealous of me in that he said "it's like you can always take your closet with you." He meant my wife, that when she is with me unless I choose to tell someone that I'm Bi - no one will ever be the wiser.

The great thing about admitting I was Bi is that when I did it my mental health, my depression seemed to disappear for a time. I felt normal. It's toxic trying to hide who you're and not being able to live authentically - just like everyone else!

I was raised extremely religious and the problem with organized religion is they're all about "manipulation and control" that will never equal love.

Response by SPC Max Waller made Sep 19 at 2023 7:09 PM

2023-09-19T19:09:26-04:00

i suggest trying to understand the opponents and supporters of the LGBTQIA plus communities. the mental health industry has a proven history of hypocrisies and contradictions, moreover, the DSM 5 or the Diagnostic and Statistical Manual of Mental Disorders 5 took a while to implement due to a lot of internal disagreements. - 4:08 pm Pacific DayLight Savings Time on Tuesday, 19 September 2023