Bill would grant benefits to gay military spouses

With the repeal of ‘Don’t Ask, Don’t Tell,’ gays and lesbians can now serve openly in the military. But the fight for gay rights in the armed forces is not over.

Congressman Adam Smith, D-Washington, has introduced the Military Spouses Equal Treatment Act of 2012 to give spouses of gay and lesbian members of the military the same rights and benefits as heterosexual partners.

For the first time this month, the Pentagon joined the rest of the federal government to recognize and celebrate gay pride month. In a recorded message, Defense Secretary Leon Panetta told gay and lesbian members of the military, “You can now be proud of who you are.”

But Congressman Smith says gays and lesbians in the military deserve more than thanks. The ranking democrat on the House Armed Services Committee says the Defense Department and Veteran Affairs Department should recognize any marriage that is recognized by a state.

“It’s basically, whatever the state law is, if you’re legally married, the spouse gets the same benefits regardless of whether or not it’s a same-sex couple or heterosexual couple,” said Smith.

Recently, it was estimated that 66,000 gays and lesbians serve in the Armed Forces.

The change requires Congressional action because the definition of married couple is written into federal law.

“The Pentagon cannot change the law, only Congress, with the signature of the President, can,” said Smith. “It’s in law that a spouse has to be an opposite sex.”

The benefits range from housing to medical. “Health care, survivors benefits, access to the PX, there’s a whole bunch of different things that you get as a spouse of a service member but you have to be considered a spouse, so if you’re legally married, you get spousal benefits. That’s what the change in the law reflects,” Smith said.

The Pentagon supports the change. In a recorded message marking June as gay pride month, Panetta promised new rights for gays and lesbians in the military.

“Going forward, I remain committed to removing as many barriers as possible to make America’s military a model of equal opportunity,” Panetta said.

But Smith conceded the path to passage is not wide and clear.

“It’s going to be tough in the House given the current majority but we want to introduce it and start this debate and conversation.”

It’s a matter of equality, Smith said. “Frankly regardless of how you feel about marriage equality and same-sex marrriage, if somebody is legally married in a state, to have the federal government step in and say: ‘We’re not going to give you those benefits,’ I think that’s wrong,'” said Smith.

Same sex marriage is now legal is six states, plus the District of Columbia. Of course, the new marriage equality law is on hold in Washington pending a vote of the people in November.