Husbands and wives of members of the U.S. Armed Forces routinely receive military benefits for supporting their spouses. As of September 20, 2011 the “don’t ask don’t tell” (DADT) policy has been repealed, but will spouses of gays and lesbians in the Army, Navy, Air Force, Marine Corps, and Coast Guard receive the same benefits as heterosexual married couples? Julie Watson of the Associated Press answers the question in her article title, "Military Couples won't enjoy Benefits," published 18 July 2011. Same-sex military marriages will not be recognized by the U.S. Armed Forces.
Observers have explored the U.S. Armed Forces' policy regarding same-sex marriages since March 2010 when Kimberly Hefling published a report in the Marine Corps Times that asked “Partners of Gay troops to get Benefits, Too?” Hefling raised questions about programs that provide assistance to military spouses, such as My Career Advancement Accounts (MyCAA) which provides up to $6,000 dollars in tuition assistance for military spouses. The article asked whether similar support programs and/or travel benefits that cover the cost of relocating service members' family and household following a permanent change of station (PCS) would apply to gay and lesbian couples.
Same-Sex Marriage is Legal in Six States and Washington D.C.
These questions arose after President Barack Obama promised to end the “don’t ask, don’t tell” policy that prohibits gays and lesbians from service in branches of the U.S. Armed Forces unless they conceal their sexuality. Because same-sex marriage is legal in 6 states (Iowa, Massachusetts, Hawaii, Connecticut, New York, New Hampshire, Vermont, and one Federal District: Washington D.C.), the Armed Forces must develop a definitive policy regarding military members from the regions that recognize same-sex unions.
A year-long review began in 2010 to determine the implications, details, and best methods of implementing a policy to allow gay and lesbian service members in the Armed Forces to remain on duty after revealing their sexuality. The June 21, 2011 article "DADT: Michael Barrett, Sergeant Major of the Marine Corps, on Gay Rights," reveals that branches of the U.S. Armed Forces are wrestling with the issue despite repeal of DADT.
According to the article, "The repeal (of Don't Ask Don't Tell) was enacted in December (2010) and the military is already training troops on their new position. President Barack Obama officially ended DADT on July 22, 2011. Erica Werner and Lolita Baldor reported in the Associated Press article "Obama Ends Gays in Military Ban," that "Administration officials say Obama on Friday (July 22, 2011) signed a certification ending the 17-year-old 'don’t ask don’t tell' policy....As laid out in a law passed in December, the repeal will take effect 60 days from now. "
No Benefits for Same-sex Marriage Military Spouses
Meanwhile, policymakers are deciding whether to award same-sex military spouses the same benefits as heterosexual military spouses. Heflin lists some of the benefits which include “college tuition for a spouse, the right of a spouse to be at a wounded service member's bedside….access to military health care and commissaries worldwide," and she observes that "married service members receive better housing (single members are relegated to the barracks while married members can take advantage of housing programs) and even extra pay when they go to war.”
These benefits are helpful but exclusive to spouses and families of military members in heterosexual marriages. Same-sex married couples will have many of the same needs, but will not qualify for the same benefits. The Associated Press (AP) reported in the July 2011 article, "Fraud, Larceny Charges in Sham Marriages Case," military members in same-sex marriages will not receive the same benefits as military members in heterosexual marriages.
According to the AP, "Even after the military officially drops its ban against openly gay or lesbian members, same-sex couples, even if married, would still not be eligible because of a federal law defining marriage as between a man and a woman." The federal law providing the definition is called the Defense of Marriage Act or DOMA.
Defense of Marriage Act
Hefling interviewed Nathaniel Frank, a senior research fellow from Palm Center University of California, and Frank explained that the 1996 Defense of Marriage Act “prohibits the federal government from recognizing same-sex marriages.” The Army, Navy, Marine Corps, Air Force, and Coast Guard will be prohibited from treating the same-sex marriages as legal unions, but policymakers continue to debate the issue.
Regarding the Defense of Marriage Act, an editorial published in the New York Times entitled, “A Bad Call on Gay Rights,” states that during his campaign “President Obama declared that he would work to overturn the Defense of Marriage Act.” The June 2009 editorial criticizes the Obama administration for breaking campaign promises; however, if DOMA were to be overturned – military organizations would not be prohibited from recognizing legal same-sex marriages. As of July 19, 2010, Senator Diane Feinstein introduced a bill to overturn DOMA. Meanwhile, some gay and lesbian military members have resorted to fake/sham marriages to circumvent the restrictions of the Defense of Marriage Act.
Same-Sex Marriages, Military Benefits and Wanting to be a Family
In fake marriages arranged to receive benefits, a homosexual man or woman marries a member of the opposite sex to conform to the standards of DOMA. Julie Watson reports that gay spouses are denied military ID cards, and "That means they will not be allowed on bases unless they are accompanied by a servicemember and they cannot shop at commissaries or exchanges that have reduced prices for groceries and clothing, nor can they be treated at military medical facilities. They also will be excluded from base programs providing recreation and other such kinds of support."
In the AP article about sham marriages, a lesbian Marine Corps corporal charged with fraud and larceny for engaging in a fake marriage with a male Marine protested that she had no other recourse. "The female Marine, Cpl. Ashley Vice, told San Diego’s KGTV-TV that she and her partner, Jaime Murphy, were forced to enter sham marriages because the military doesn’t provide allowances for unmarried couples and they couldn’t afford to live off base without the extra money. She and her partner only wanted to 'be a family,' Vice said."
The year-long review to repeal DADT has ended, but the issue of equal benefits for same-sex married service members and certification of the repeal remains unresolved. Will same-sex married couples and their families be entitled to the same financial support and assistance as heterosexual married couples? - The U.S. Armed Forced cannot recognize such unions unless the Defense of Marriage Act is overturned.
Marian Henderson - I was in the Marine Corps for 12 years, and after completing my last four-year enlistment, I became a Merchant Marine. I worked aboard ...
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