Senators: “We must ensure that the unconstitutional laws of the past do not further harm the surviving loved ones of our country’s LGBTQ+ veterans.”

July 19, 2022 - Washington, D.C. – Oregon’s U.S. Senators Jeff Merkley and Ron Wyden on Monday joined Senator Patty Murray (D-WA) in a letter to the Department of Veterans Affairs (VA) Secretary Denis McDonough pressing for answers and immediate action to ensure same-sex veteran couples have access to the full scope of spousal benefits they are owed.  

Senator Ron Wyden (D-OR)

“Each of our veterans and their spouses deserve the same quality care and services once they leave the military – no matter who they love. Our veterans and their families, who selflessly served our nation and have sacrificed so much, must be afforded the benefits they have so rightly earned. This is not only a matter of fairness and equity, it is the morally right thing to do,” wrote the senators. “Yet, we have recently heard from numerous survivors about issues they are facing when they attempt to access the full Department of Veterans Affairs (VA) benefits that they are entitled to under the law.” 

In their letter, the Senators underscored reported examples of VA’s refusal to deem same-sex marriages as having met the statutory marriage duration or deadline requirements when couples were legally barred from marrying within that timeframe immediately before the veteran’s death. The Senators highlighted how denying benefits in cases where same-sex couples failed to meet marriage duration requirements have left them ineligible for benefits due to living in places where marriage laws barred them from marrying.  

Other federal agencies like the Social Security Administration took action to accept and reconsider claims for survivor benefits by same-sex spouses and partners who were previously unable to meet marriage duration requirements, VA has failed to provide recourse for same-sex couples held back by unconstitutional and discriminatory laws. The senators called for VA to make eligible for benefits bona fide same-sex relationships who have been denied benefits solely because they could not meet a strict marriage durational requirement. 

In addition, the senators noted VA’s setting of effective dates for benefits deepens the unconstitutional practice of same-sex marriage bans. Even after the Department of Justice announced that it would no longer enforce laws banning benefits to same-sex spouses of veterans, VA interpreted the announcement to apply retroactively, but only “as to claims for benefits based on same-sex marriages that were pending on direct review as of” the date of the Attorney General’s announcement, cutting short benefits of those in same-sex marriages who initially applied for such benefits, and were denied due to bans on same-sex marriage. The senators made clear that VA must end its discriminatory treatment of veterans’ spouses based on who they love, and apply effective dates as though the former unconstitutional laws were never enacted. 

“We promise to take care of all our veterans after they serve our country, and that includes ensuring that their partners have access to full and complete spousal benefits. Correcting this error will help end the discriminatory treatment of potentially thousands of same-sex veteran couples and allow them to access the benefits they are owed,” they concluded 

In addition to Senators Merkley, Wyden and Murray, the letter was also signed by Senators Warnock (D-GA), Duckworth (D-IL), Blumenthal (D-CT), Baldwin (D-WI), Markey (D-MA), Hirono (D-HI), Luján (D-NM), Smith (D-MN), Hassan (D-NH), Whitehouse (D-RI), Murphy (D-CT), Sanders (D-VT), Gillibrand (D-NY), Heinrich (D-NM), Durbin (D-IL), Warren (D-MA), Klobuchar (D-MN), Menendez (D-NJ), Casey (D-PA), Kaine (D-VA), Schumer (D-NY), Cortez Masto (D-NV), Bennet (D-CO), Padilla (D-CA), Reed (D-RI), Shaheen (D-NH), Warner (D-VA), Booker (D-NJ), Rosen (D-NV), Feinstein (D-CA), Peters (D-MI), Brown (D-OH), Cantwell (D-WA), Coons (D-DE), Cardin (D-MD), Schatz (D-HI), Leahy (D-VT), and Kelly (D-AZ). 

Full text of the letter can be found here. 
Source: Senator Ron Wyden