Thursday, September 5, 2013

Obama Administration Says It Will No Longer Defend Law Barring Gay Veterans from Spousal Benefits

HolderThe Department of Justice won't enforce Title 38, a law barring gay veterans from spousal benefits, the Washington Blade reports:
In a letter dated Sept. 4, U.S. Attorney Eric Holder notifies U.S. House Speaker John Boehner (R-Ohio) of the change in the way the Justice Department will enforce Title 38 of the U.S. code.

“[I]n light of subsequent developments and my recommendation, the President has directed the Executive Branch to cease enforcement of Sections 101(3) and 101(31) of Title 38,” Holder writes. “Decisions by the Executive Branch not to enforce federal laws are appropriately rare. Nonetheless, for the reasons described below, the unique circumstances here warrant non-enforcement.”
The HuffPost adds:
Holder said last year that the Justice Department would no longer defend Title 38 in court. But Wednesday’s announcement went even further, with DOJ finding that the legal basis laid out by the Supreme Court in the DOMA decision should nullify the marriage definition in the provision. Secretary of Veterans Affairs Eric Shinseki said just last week that the spouses of gay veterans weren’t eligible for benefits because no court had found Title 38’s definitions to be unconstitutional.

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