Indiana Same-sex couples will not receive veteran benefits

U.S. Attorney General Eric Holder announced Sept. 4 that the Executive Branch would no longer enforce the portion of the U.S. Code Section 38 that bars same-sex spouses from receiving veterans benefits.

In the case United States v. Windsor, the Supreme Court struck down the Defense of Marriage Act’s definition of marriage as a union between one man and one woman, ruling that the definition violates the Due Process clause of the Fifth Amendment. The clause guarantees that individuals cannot be deprived of liberty without due process.

“The decision of the Supreme Court in Windsor reinforces the Executive conclusion that the Title 38 provisions are unconstitutional,” Holder said in a letter to House Speaker John Boehner. “Although the Supreme Court did not directly address the constitutionality of the Title 38 provisions in Windsor, the reasoning of the opinion strongly supports the conclusion that those provisions are unconstitutional.”

Holder said this decision was not made lightly.

“Decisions by the Executive not to enforce federal laws are appropriately rare,” Holder wrote. “Nevertheless, for the reasons described, the unique circumstances presented here warrant non-enforcement.”

Holder reasoned that the requirements for eligibility under Section 38 were “substantively identical” to those in the Defense of Marriage Act and therefore ought not be enforced.

Holder’s decision came after a California federal court ruling that Section 38 was unconstitutional.

The decision will benefit veterans and their spouses in the District of Columbia and the 13 states that recognize same-sex marriage.

In Indiana, the decision will have less of an impact. Indiana currently has a law prohibiting same-sex marriage and does not recognize same-sex unions.

The American Veterans for Equal Rights Indianapolis chapter  is pushing for change.
The organization started fighting for the repeal of the military’s Don’t Ask, Don’t Tell policy. Since its repeal, they have been working on improving conditions for transgender individuals in the military as well as same-sex marriage in general.

Indianapolis Chapter President and Air Force veteran Scott Spychala said the repeal of Don’t Ask, Don’t Tell helped to open the eyes of the public to the issue of gay rights.

“If people are willing to serve for their country, they deserve the same rights, including the right to marry,” Spychala said.

Spychala said his organization is working with Indiana Equality Action, a group dedicated to advancing equal rights for all Hoosier citizens regardless of sexual orientation or gender identity, in order to lobby the state for marriage rights.

“We plan to put veterans in front of state legislators to put a face on the problem,” Spychala said. “This issue affects all of us, not just those who are actively serving.”

Follow reporter Brianna Meyer on Twitter @brimmeyer.