The 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.
