Army Veteran and Servicemembers Legal Defense Network (SLDN) Executive Director Aubrey Sarvis today applauded the introduction of HR 6046, the Military Spouses Equal Treatment Act of 2012 (MSET) that would change the definition of “spouse” in four areas of U.S. Code related to recognition, support, and benefits for married service members and veterans. The changes – including Titles 10, 32, and 38 that are challenged in SLDN’s landmark litigation, McLaughlin v. U.S., filed in October 2011 – would ensure that spouses of the same gender are eligible for key military benefits.
“Our nation’s senior military leaders and commanders on the ground are increasingly uncomfortable with administering two classes of recognition, support and benefits for our nation’s service members – one for straight service members and a different one for their gay and lesbian peers. There cannot be two classes of service members, and this legislation addresses that effectively,” said Sarvis.
In his remarks at the Pentagon on Tuesday, Department of Defense General Counsel Jeh Johnson referenced the growing awareness of this disparity among leadership in the armed forces.
“The repeal of ‘Don’t Ask, Don’t Tell’ exposes certain inequalities between similarly situated couples in the military community. This troubles many of our leaders,” said Johnson.
In addition to the titles challenged by SLDN’s court case, the bill – introduced by House Armed Services Committee Ranking Member Adam Smith (D-WA) – also adds a favorable controlling definition of “spouse” to Title 37 to provide greater uniformity of benefits for same-sex spouses. Taken together, MSET would extend dozens of important spousal benefits and support programs to same-gender spouses, including coverage under TriCare insurance, an increased housing allowance, and survivor benefits.
“Ranking Member Smith has recognized with the introduction of this legislation today that ‘Don’t Ask, Don’t Tell’ repeal – while a monumental achievement for gay and lesbian service members and all Americans – does not finish the job of ensuring full equality for these brave patriots and their families. We thank him for his leadership and urge his colleagues in both parties and in both houses of Congress to join him and us in this important fight,” said Sarvis.