September 16, 2013

V.A. to Provide Spousal Benefits to Gay Men and Lesbians

In a letter to Congressional leaders dated September 4, 2013, Attorney General Eric Holder said that President Obama had directed the Executive Branch to stop enforcing a federal law that limits spousal benefits to gay men and lesbians.  Mr. Holder wrote that “decisions by the Executive not to enforce federal laws are appropriately rare. . . [b]ut continued enforcement would likely have a tangible adverse effect on the families of veterans and, in some circumstances, active-duty service members and reservists, with respect to survival, health care, home loan and other benefits.” He wrote that the unique circumstances the issue presented warranted non-enforcement in light of several developments, including a Supreme Court ruling that struck down a similar law, a part of the Defense of Marriage Act, on constitutional grounds.