The Senate Committee on Veterans’ Affairs advanced a new package of bills
recently that would effectively ensure full benefits go to gay troops
and their spouses. The package, collectively known as the Charlie Morgan
Act, would change the existing definitions of spouse in U.S. code
concerning benefits for troops. The portion in question is known as
Title 38, which defines marriage as between a man and a woman
independently of the mostly-defunct "Defense of Marriage Act".
According to the Washington Blade,
the bills carry the name of Charlie Morgan, a guardsman from New
Hampshire who was a plaintiff against DOMA on behalf of herself and
other gay troops. She did so while battling terminal breast cancer, and
sought to secure benefits for her spouse before succumbing to the
disease. Unfortunately, Morgan passed just months before the death of
DOMA, but her name lives on with the newly-advanced bill. Sen. Jeanne
Shaheen (D-N.H.), chief sponsor of the bill, told the press:
"Every individual who serves in uniform should have access to the benefits they’ve earned. Charlie served on the front lines for our country, but because of her sexual orientation her family has been wrongfully being denied many of the same benefits given to those who stood beside her."
The
Charlie Morgan Act also comes, in part, from Defense Secretary Chuck
Hagel's promise to deliver full benefits to gay troops and their spouses
after the Supreme Court gutted DOMA. Benefits in question include
compensation for disability and the right to be buried in a military
cemetery. With Title 38 in place, it is unclear as to whether such
benefits can be extended to same-sex spouses. If passed, the Charlie
Morgan Act would effectively put all doubts to rest. According to
Shaheen, it is not so much a new piece of legislation so much as an
extension of the decision handed down by the Supreme Court last month.
“The Supreme Court’s ruling on DOMA was a victory for the belief that all Americans are to be treated equally under the law, and I am pleased the Veteran’s Committee has built on the landmark progress we’ve seen for marriage equality. I hope the full Senate will move forward on the Charlie Morgan Act so that finally no spouse, child or family is denied benefits they have earned and deserve.”
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