Until this year, being gay could get you kicked out of the military. Now, it comes with perks.
Secretary of Defense Chuck Hagel issued a memo, datestamped August 13, “Extending Benefits to Same-Sex Spouses of Military Members.” A news release went out today outlining the implementation:
Today, the Department of Defense announced its plan to extend benefits to same-sex spouses of uniformed service members and Department of Defense civilian employees, according to a DOD news release issued today.
After a review of the department’s benefit policies following the Supreme Court’s ruling that Section Three of the Defense of Marriage Act is unconstitutional, and in consultation with the Department of Justice and other executive branch agencies, the Defense Department will make spousal and family benefits available no later than Sept. 3, 2013, regardless of sexual orientation, as long as service member-sponsors provide a valid marriage certificate.
The DOD remains committed to ensuring that all men and women who serve in the U.S. military, and their families, are treated fairly and equally as the law directs.
Entitlements such as TRICARE enrollment, basic allowance for housing and family separation allowance are retroactive to the date of the Supreme Court’s decision. Any claims to entitlements before that date will not be granted. For those members married after June 26, 2013, entitlements begin at the date of marriage.
The DOD recognizes that same-sex military couples who are not stationed in a jurisdiction that permits same-sex marriage would have to travel to another jurisdiction to marry. That is why the department will implement policies to allow military personnel in such a relationship non-chargeable leave for the purpose of travelling to a jurisdiction where such a marriage may occur. This will provide accelerated access to the full range of benefits offered to married military couples throughout the department, and help level the playing field between opposite-sex and same-sex couples seeking to be married.
For civilian benefits administered government-wide to federal employees, the DOD will follow the Office of Personnel Management and the Department of Labor’s guidance to ensure that the same benefits currently available to heterosexual spouses are also available to legally married same-sex spouses.
Simultaneously, Hagel reversed his predecessor’s February 11 order extending various benefits to same-sex partners, reasonably concluding that this remedy was “no longer necessary to remedy the inequity that was caused by section 3 of the Defense of Marriage Act.”
The ruling here is remarkably swift for a large bureaucracy, let alone one immersed in a shooting war and dealing with the effects of sequestration. It’s really a no-brainer that, since gays are allowed in the military and they’re allowed to marry, gay soldiers who are married are entitled to the same benefits as straight soldiers who are married.
The one quibble is the issue of non-charged leave to travel to get married. Reports are that “Service members stationed in the contiguous United States will receive up to seven days leave, and those in Hawaii, Alaska and overseas can get up to 10 days.” Critics will note that straight service members have to use their annual leave if they wish to travel to get married, so this amounts to a “special benefit.” The Pentagon’s explanation, that all 50 states allow people to marry members of the opposite sex, making travel unnecessary, is reasonable enough. But seven and ten days does seem excessive to solve this administrative inequity.
s
