Rep. Takano Helps Introduce Bipartisan Bill to Protect LGBT Veterans and Families

Washington DC – Last night, Rep. Mark Takano (D-CA) helped introduce the bipartisan Protecting the Freedoms and Benefits for All Veterans Act in the House of Representatives. The legislation, led by Rep. Takano, Rep. Tim Walz (D-MN), Rep. Richard Hanna (R-NY) and Rep. Ileana Ros-Lehtinen (R-FL), would ensure that LGBT veterans, spouses, and their families cannot be denied benefits (including but not limited to death pensions, life insurance, educational assistance, and bereavement counseling), spousal benefits, and flag burial honors.

 

“Our veterans have sacrificed so much for our country, and all of our returning heroes deserve to enjoy the same benefits and freedoms, no matter who they love or where they live,” said Rep. Takano. “This legislation will ensure that all veterans, gay or straight, will be entitled to the same benefits, no matter what state they live in. I’m proud to introduce this legislation with Representatives Walz, Hanna, and Ros-Lehtinen, and look forward to moving it through the House, and eventually to the desk of the President for his signature.”

 

 

The Supreme Court’s decision on the Defense of Marriage Act (DOMA) overturned Title 7, Section 3, of United States Code (U.S.C.), which stated that the federal government interpreted the terms “marriage” and “spouse” to only apply to heterosexual couples. Rep. Takano and experts in the matter believe that the Supreme Court's decision should be construed to require equal treatment for married same-sex couples in the military or who are veterans. However, as the Administration has not announced a position on whether the DOMA decision will be applied to Title 38, Section 101 (3) and (31) of the U.S.C., the section which includes a definition of spouse as a person of the opposite sex for the purpose of veterans benefits given, this legislation has been filed as a safeguard.

 

Before the Supreme Court Decision on DOMA, under Title 38, Section 101 (3) and (31) of the U.S.C., spouse was defined as a marriage between one man and one woman.