Equality campaigners say plan would force service members to travel to states where gay marriage is legal to get married
Campaigners for equality in the military have raised concerns about a draft Pentagon plan to extend partner benefits to gay couples, saying it would force service members to get married even if they are stationed in one of the 37 states where same-sex marriage is illegal.
A draft memo from Chuck Hagel, the defence secretary, proposes that gay or lesbian service personnel must be married in order for their partners to qualify for benefits. If they live in states where gay marriage is illegal, the plan suggests they be granted 10 days leave to travel to a state where it is permitted.
An earlier proposal, announced before the decision by the supreme court in June to strike down the Defense of Marriage Act (Doma), would have required gay and lesbian couples to sign a declaration that they were committed partners.
Hagel's memo said that the supreme court decision on Doma, which lifted the ban on federal recognition of same-sex marriage, eliminated the need for the earlier proposals, which were published in February. No final decisions have been made on the proposals, details of which were published by the Associated Press on Wednesday.
Some advocates described the new measures as a "good-faith effort" by the military to address the patchwork system where same-sex couples can marry in only 13 states. However, critics say it highlights the discrimination gay and lesbian people continue to face in 37 states across the US. They point out that it placed an undue financial burden on service personnel who have little choice in where they are stationed.
Stephen Peters, president of the American Military Partner Association, said: "To require our service members to travel to one of 13 marriage equality states showcases the inequality our families still face and the importance for marriage equality in all 50 states. In the meantime, it is unrealistic to ask a junior enlisted member to pay out of pocket to fly from Hawaii or Texas in order to provide for his or her family."
Most military bases in the US, including three of the largest, Fort Hood in Texas, Norfolk navel base in Virginia and Fort Bragg in North Carolina, are located in states that have not passed marriage equality laws.
Ashley Broadway, the partner of an army logistic officer stationed in Fort Bragg, said she was baffled by the change of plan, as it would create financial and other burdens on same-sex couples. She said the military should extend the benefits to all same-sex couples. "They are proposing to allow individuals who live in a state that does not have marriage equality 10 days leave to travel to get married, but what about those who have already travelled?" Broadway said.
"Will they allow them retroactive travel time? I can think of 20 to 30 couples who have jumped through hoops to go somewhere to get married. We had two of our members buy tickets from Hawaii to Washington, a member fly from Japan to California. These are lower-ranking members. A private first class who is making less than $20,000 a year has to travel to Washington DC from North Carolina? That is a ridiculous financial burden. This is exactly why we need marriage equality in all 50 states."
Broadway, who also works with AMPA, said there were other issues for military same-sex couples, such as the discrimination they faced in states where same-sex marriage was not legal but they were forced to live.
"It's very frustrating. We would love our organisation to sit down with Pentagon officials and talk to them about the people who are calling our hotlines. If you are going to have military personnel and requiring them to move every three years, you have to have a discussion about it on a national level."
In February, the Pentagon issued a memo to extend some limited benefits to same-sex partners of service members. Housing benefits were not included but it called for same-sex partners to get special identification cards granting them access to commissaries and other services. To gain benefits, the service member and their same-sex partner had to sign a declaration that they were in a committed relationship.
The February memo said that, in the event Doma was overturned, it would be the DoD policy to give all married couples, irrespective of sexual orientation, full military benefits and that "the benefits directed by this memorandum will be re-assessed at that time to determine whether other changes are needed or appropriate to include whether unmarried same-sex domestic partnerships should be a basis for eligibility in the future".
Hagel's draft memo proposes to reverse that plan, according to the AP. In it, he writes: "As the supreme court's ruling has made it possible for same-sex couples to marry and be afforded all benefits available to any military spouse and family, I have determined, consistent with the unanimous advice of the members of the joint chiefs of staff, that the spousal and family benefits far outweigh the benefits that could be extended under a declaration system."
Jonathan Hopkins, board member of Outserve, an organisation for gay and lesbians in the military, which has 7,000 members, said the new plan was a "good-faith effort". Hopkins said: "The Department of Defense is trying to increase equality of access so that service members, no matter their sexual orientation, can still get married."
He said the situation had parallels with interracial marriage in 60s, when such marriage could result in a jail sentence. At that time, the military agreed not to send such couples to bases in those states where such marriage was illegal. "There are all sorts of additional hardships when states do not recognise a marriage, in adoption and childcare policies, for instance."
Hopkins said Outserve is still debating the implications of the draft proposals with its members, but said that it may be worth considering an option for same-sex couples to have more control over where they were stationed.
Other marriage equality campaigners said that the proposals were a powerful gesture.
Marc Solomon, national campaign director of Freedom to Marry, said: "With the understanding that it is not final, it is a powerful and honourable gesture by the Defense Department that responds to the fact that there's a patchwork of marriage states in the country so it's more difficult for gay and lesbian service members to marry."
Solomon said that having a patchwork of states with marriage equality, where a person's marriage status altered as they travelled, was "not sustainable" He said: "Ultimately what gay and lesbian soldiers want is to be treated the same way as everyone else and to marry anywhere, without any special dispensation."
Officials at the Department of Defense would not comment on the details of the memo. A defence spokesman, lieutenant commander Nate Christensen, said only that the Pentagon "is working alongside the Department of Justice to implement the court's decision as quickly as possible". Reported by guardian.co.uk 10 hours ago.
Campaigners for equality in the military have raised concerns about a draft Pentagon plan to extend partner benefits to gay couples, saying it would force service members to get married even if they are stationed in one of the 37 states where same-sex marriage is illegal.
A draft memo from Chuck Hagel, the defence secretary, proposes that gay or lesbian service personnel must be married in order for their partners to qualify for benefits. If they live in states where gay marriage is illegal, the plan suggests they be granted 10 days leave to travel to a state where it is permitted.
An earlier proposal, announced before the decision by the supreme court in June to strike down the Defense of Marriage Act (Doma), would have required gay and lesbian couples to sign a declaration that they were committed partners.
Hagel's memo said that the supreme court decision on Doma, which lifted the ban on federal recognition of same-sex marriage, eliminated the need for the earlier proposals, which were published in February. No final decisions have been made on the proposals, details of which were published by the Associated Press on Wednesday.
Some advocates described the new measures as a "good-faith effort" by the military to address the patchwork system where same-sex couples can marry in only 13 states. However, critics say it highlights the discrimination gay and lesbian people continue to face in 37 states across the US. They point out that it placed an undue financial burden on service personnel who have little choice in where they are stationed.
Stephen Peters, president of the American Military Partner Association, said: "To require our service members to travel to one of 13 marriage equality states showcases the inequality our families still face and the importance for marriage equality in all 50 states. In the meantime, it is unrealistic to ask a junior enlisted member to pay out of pocket to fly from Hawaii or Texas in order to provide for his or her family."
Most military bases in the US, including three of the largest, Fort Hood in Texas, Norfolk navel base in Virginia and Fort Bragg in North Carolina, are located in states that have not passed marriage equality laws.
Ashley Broadway, the partner of an army logistic officer stationed in Fort Bragg, said she was baffled by the change of plan, as it would create financial and other burdens on same-sex couples. She said the military should extend the benefits to all same-sex couples. "They are proposing to allow individuals who live in a state that does not have marriage equality 10 days leave to travel to get married, but what about those who have already travelled?" Broadway said.
"Will they allow them retroactive travel time? I can think of 20 to 30 couples who have jumped through hoops to go somewhere to get married. We had two of our members buy tickets from Hawaii to Washington, a member fly from Japan to California. These are lower-ranking members. A private first class who is making less than $20,000 a year has to travel to Washington DC from North Carolina? That is a ridiculous financial burden. This is exactly why we need marriage equality in all 50 states."
Broadway, who also works with AMPA, said there were other issues for military same-sex couples, such as the discrimination they faced in states where same-sex marriage was not legal but they were forced to live.
"It's very frustrating. We would love our organisation to sit down with Pentagon officials and talk to them about the people who are calling our hotlines. If you are going to have military personnel and requiring them to move every three years, you have to have a discussion about it on a national level."
In February, the Pentagon issued a memo to extend some limited benefits to same-sex partners of service members. Housing benefits were not included but it called for same-sex partners to get special identification cards granting them access to commissaries and other services. To gain benefits, the service member and their same-sex partner had to sign a declaration that they were in a committed relationship.
The February memo said that, in the event Doma was overturned, it would be the DoD policy to give all married couples, irrespective of sexual orientation, full military benefits and that "the benefits directed by this memorandum will be re-assessed at that time to determine whether other changes are needed or appropriate to include whether unmarried same-sex domestic partnerships should be a basis for eligibility in the future".
Hagel's draft memo proposes to reverse that plan, according to the AP. In it, he writes: "As the supreme court's ruling has made it possible for same-sex couples to marry and be afforded all benefits available to any military spouse and family, I have determined, consistent with the unanimous advice of the members of the joint chiefs of staff, that the spousal and family benefits far outweigh the benefits that could be extended under a declaration system."
Jonathan Hopkins, board member of Outserve, an organisation for gay and lesbians in the military, which has 7,000 members, said the new plan was a "good-faith effort". Hopkins said: "The Department of Defense is trying to increase equality of access so that service members, no matter their sexual orientation, can still get married."
He said the situation had parallels with interracial marriage in 60s, when such marriage could result in a jail sentence. At that time, the military agreed not to send such couples to bases in those states where such marriage was illegal. "There are all sorts of additional hardships when states do not recognise a marriage, in adoption and childcare policies, for instance."
Hopkins said Outserve is still debating the implications of the draft proposals with its members, but said that it may be worth considering an option for same-sex couples to have more control over where they were stationed.
Other marriage equality campaigners said that the proposals were a powerful gesture.
Marc Solomon, national campaign director of Freedom to Marry, said: "With the understanding that it is not final, it is a powerful and honourable gesture by the Defense Department that responds to the fact that there's a patchwork of marriage states in the country so it's more difficult for gay and lesbian service members to marry."
Solomon said that having a patchwork of states with marriage equality, where a person's marriage status altered as they travelled, was "not sustainable" He said: "Ultimately what gay and lesbian soldiers want is to be treated the same way as everyone else and to marry anywhere, without any special dispensation."
Officials at the Department of Defense would not comment on the details of the memo. A defence spokesman, lieutenant commander Nate Christensen, said only that the Pentagon "is working alongside the Department of Justice to implement the court's decision as quickly as possible". Reported by guardian.co.uk 10 hours ago.