Letter to Barack Obama, President of the United States - Discriminatory VA Policy for Same-Sex Couples

Letter

Spurred by outcry from Colorado veterans, Mark Udall called on President Barack Obama and U.S. Attorney General Eric Holder to work with the U.S. Department of Veterans Affairs to immediately halt discriminatory practices that prevent veterans from receiving the benefits they have earned. Udall, who led the charge to overturn the military's "Don't Ask, Don't Tell" policy and cheered the overturning of the Defense of Marriage Act, said despite the overturning of DOMA, current law bars the VA from recognizing some same-sex marriages.

The issue came to light after two Colorado residents, one of whom served in the Air Force for 10 years and was deployed four times, were denied federal VA benefits due to the fact that the state of Colorado does not recognize their marriage. The couple lives in Colorado and got married in another state earlier this year.

In September, President Obama and Attorney General Holder suspended enforcement of certain federal laws that appear to be unconstitutionally discriminatory in light of the U.S. Supreme Court's decision to overturn DOMA. Udall is pushing the president to expand those protections to our military veterans who are being denied federal benefits because the law instructs the VA to deny same-sex couples fair treatment if the state they live in does not recognize their marriage.

"There is a universal feeling in this country that servicemembers, veterans and their families deserve respect and support during and after their service and the kind of discriminatory treatment this law furthers is simply unacceptable," Udall wrote in his letter. "Addressing this particular section of the law in Title 38 and ensuring that other veterans around the country do not suffer the same injustice my constituents have endured is important, is just and is urgent. Therefore I ask you to work with the Attorney General and the VA to take immediate action."

Udall has also been a vocal advocate of striking down misguided laws that discriminate against committed, married gay couples on both the state and federal level. Earlier this month, Udall helped pass the Employment Non-Discrimination Act, which would bar employers from discriminating on the basis of sexual orientation.

To read Udall's letter to the White House, click HERE or scroll below:

President Barack Obama
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500

Dear Mr. President,

I write today about a critical issue affecting our nation's veterans and their families. As you know, earlier this year the Supreme Court struck down as unconstitutional the discriminatory Defense of Marriage Act. Since that time the Department of Justice has been working with federal departments and agencies to align their rules and restrictions to conform with the court's finding in United States v. Windsor, No. 12-307, 133 S. Ct. 2675 (June 26, 2013).

It is in that context that I am requesting that you direct the Executive Branch to cease enforcement of Section 103(c) of Title 38 of the United States Code. Section 103(c) reads as follows:

"In determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued."

In Colorado, the effect of this section of the law has been to discriminate and deny appropriate Veterans Affairs (VA) benefits to veterans and their spouses. You have been a tremendous leader in working to end discrimination against the LGBT community during your presidency, and I know you would agree that there is no military interest or other governmental purpose met in continuing to apply the law in a way that disadvantages same sex couples. In this spirit, I ask that this discriminatory action cease while efforts to change the statute proceed through Congress.

As you know, on September 4, 2013, Attorney General Holder notified Congress that, as President, you directed the Executive Branch to no longer enforce Sections 101(3) and 101(31) of Title 38 because those sections of law appear unconstitutional in light of Windsor. For the same reason, I believe it is consistent to expand the suspension of enforcement to Section 103(c).

There is a universal feeling in this country that our servicemembers, veterans and their families deserve respect and support during and after their service and the kind of discriminatory treatment this law furthers is simply unacceptable. Addressing this particular section of the law in Title 38 and ensuring that other veterans around the country do not suffer the same injustice my constituents have endured is important, is just and is urgent. Therefore I ask you to work with the Attorney General and the VA to take immediate action.

Thank you for your consideration of this request. We, as a nation, have made historic progress over the past year in furthering LGBT equality, due in large part to your leadership.

I look forward to your response and stand ready to work with you to fix this issue for all of our nation's veterans.

Sincerely,

Source