Military Benefits for Same Sex Couples to start 1 Sept.

[iluvmytxrgr]

Yay!!!!! On that subject, I am super stoked to announce I am planning my very first commitment ceremony. It's still not legal here, but this couple still wants to pledge their love for each other. They are a great couple and I can't wait.

[amaristella]

I'm confused. I've never read the text of DoMA but I don't get how it prevents some benefits from being offered but not others.

[sushi]

Jun 7, 2013 18:32:20 GMT -5 amaristella said:

I'm confused. I've never read the text of DoMA but I don't get how it prevents some benefits from being offered but not others.

As I understand it, DOMA prevents recognition of marriage. However, the military is permitted to give certain privileges because they're not just for military members and spouses. Civilians can get base access for instance. But tricare and housing is only for legally recognized spouses. 

[amaristella]

Jun 7, 2013 19:37:16 GMT -5 sushi said:

Jun 7, 2013 18:32:20 GMT -5 amaristella said:

I'm confused. I've never read the text of DoMA but I don't get how it prevents some benefits from being offered but not others.

As I understand it, DOMA prevents recognition of marriage. However, the military is permitted to give certain privileges because they're not just for military members and spouses. Civilians can get base access for instance. But tricare and housing is only for legally recognized spouses. 

Okay. I had thought base access/ID was limited to spouses and civilian contractors who work on base and stuff like that. I didn't realize.

[sushi]

Jun 7, 2013 21:26:03 GMT -5 amaristella said:

Jun 7, 2013 19:37:16 GMT -5 sushi said:

As I understand it, DOMA prevents recognition of marriage. However, the military is permitted to give certain privileges because they're not just for military members and spouses. Civilians can get base access for instance. But tricare and housing is only for legally recognized spouses. 

Okay. I had thought base access/ID was limited to spouses and civilian contractors who work on base and stuff like that. I didn't realize.

I'm just speculating here, but my guess is that there's wiggle room if a privilege doesn't specifically use the word marriage. IANAL, but I think DOMA is actually really short. It basically allows states to not recognize a marriage certificate from another state, and it defines marriage federally as 1 man, 1 woman and spouse as opposite sex partner. So you can't file as married with IRS regardless what your state says because that word is defined in such a way that SSM doesn't qualify.

Also, I think base access is a comman level decision. I know there have been differences in whether they have car stickers or scan IDs. There have been visiting family members who have gotten months long passes, so it's already something extended at least in some capacity to people not directly married or working with the military.

Now, I believe there is a legal way around DOMA. I think some federal agencies have extended benefits to married spouses AND domestic partners which gets beyond the limited definition of marriage. So, theoretically, I'd think that congress could amend tricare to include domestic partnerships but, um, I'm laughing to hard at the thought of them doing so to finish my sentence.

[audette]

Jun 7, 2013 18:00:18 GMT -5 killercupcake said:

I'm bummed that it won't include Tricare and housing benefits, but it's a start. The fact that same sex spouses will at least be able to get on base, with their own IDs, is a step in the right direction. Finally.

It does include travel, transportation, and survivor benefits, which I think is awesome, and a massive step in the right direction!


Moving/HHG shipments/etc are part of transportation, right?  I wonder if command sponsorship for overseas tours are, too?


Anyways, yes, an awesome piece of news.  Yay!