Earlier this month, the United States Senate rejected a measure that would have extended veterans benefits to some same-sex married couples. The proposal, which would have amended existing federal rules on the subject, missed the mark by just seven votes.
Unfortunately, many of the news reports on the issue have created some confusion as to how the Senate’s decision will affect veterans in various states. Clearing up that confusion is of special importance for Massachusetts veterans in same-sex marriages and their families.
At issue here are the states that do not currently recognize same-sex marriages. The Senate proposal essentially would have required that veterans in same-sex marriages who live in those states (that is, same-sex couples lawfully married in one state who then move to a state that doesn’t recognize same-sex marriage) receive the same benefits as veterans living where same-sex marriage is legal.
Because the amendment failed, the current state of the law remains the same. In pertinent part, that means:
- In states like Massachusetts, where same-sex marriage is legal, veterans will receive the same benefits for themselves and their spouses and children as they would in any heterosexual marriage. This is true regardless of whether the couple married in Massachusetts or another state that recognizes same-sex marriage.
- In states that do not recognize same-sex marriage, veterans in same-sex marriages will receive smaller disability payments each month, will not qualify for a VA home loan with their same-sex spouse, and (in some cases) will not be able to extend access to VA medical care to their children or spouse. This according to an excellent report in The Huffington Post.
The issue, then, is of less immediate concern for Massachusetts couples. Still, it is important that Americans everywhere understand the situation and how it applies from one state to the next.
It’s also important to note that the U.S. Supreme Court is widely expected to weigh in on the issue of same-sex marriage once and for all this summer. The Court’s decision may or may not modify the state of federal law with respect to same-sex veterans’ benefits.
If you have questions about your rights under state or federal law, please don’t hesitate to ask. Our office is here to help. Give us a call and find out what our Middlesex County veterans benefits attorneys can do for you.
