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Lambda Legal Sues For Unconstitutional Deprivation Of Veterans Benefits To Same-Sex Spouses

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Lambda Legal has filed suit against the Secretary of Veterans Affairs on behalf of the American Military Partner Association, an advocacy organization dedicated to supporting partners and spouses of LGBT troops and veterans.

Lambda argues that the denial of benefits to same-sex spouses of veterans living in states that refuse to recognize their marriages violates the Supreme Court’s decision striking down the Defense of Marriage Act (DOMA).

The petition argues that the Supreme Court’s decision in United States v. Windsor striking down Section 3 of DOMA specifically flagged as unconstitutional the deprivation of veterans benefits to same-sex spouses.

The petition further states:

“Having weathered the federal government’s past, longstanding discrimination against them, lesbian and gay veterans and their families find themselves once again deprived of equal rights and earned benefits by the government they served and the nation for which they sacrificed.”

Susan Sommer, Director of Constitutional Litigation at Lambda Legal, said:

“Gay and lesbian veterans have served their country and risked the ultimate sacrifice to fulfill their duty to this nation. Married veterans and their spouses, wherever they live, need critical veterans benefits, earned through years of often perilous service, to take care of their families. No member of our community should be left behind just because their home state continues to discriminate against their marriage.”

Read the petition HERE.

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  1. I thought that breach of constitutional rights was a justiciable action per se......without having to show damage.

    It has puzzled me why all military in the Forces have not sued for deprivation of their constitutional rights under the "Don't Ask,Don't Tell" travesty.
    And even before that piece to hypocrisy military were all deprived of their constitutional rights.
    In addition military personnel lost their jobs , their employment, promotion, health insurance coverage etc. all because they were wrongfully and unconstitutionally deprived of their rights.

    This issue is much bigger that a 'benefits' suit.
    This is a huge legal issue with vast financial implications and even greater "respect for the Constitution" issues.
    All loss of earnings must be paid to anyone discharged from the military.....no matter for far back that goes.

    Posted by: JackFknTwist | Aug 20, 2014 10:58:59 AM


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