Brody's Notes... Servicemembers Legal Defense Network Plans Lawsuit Over Military Benefits

By Brody Levesque | WASHINGTON D.C. -- The Servicemembers Legal Defense Network plans to file a lawsuit in a federal court by the end of October mounting another legal challenge the constitutionality of the federal Defense of Marriage Act- this time with focus on the lack of military benefits afforded same-sex couples legally married, which their straight counterparts currently enjoy- which the SLDN argues violates the Fifth Amendment right to due process.

In an interview over the weekend with the Huffington Post, Aubrey Sarvis, executive director of SLDN, said; "That has never been done before," referring to the 5th amendment rights issue, "We're looking at all the legal remedies available." Sarvis also told the Huffington Post that the group also is working to change Title 10 of the U.S. Code, which governs the armed forces and defines marriage as between two individuals of the opposite sex.

The Huffington Post reported:

While gay military couples are now eligible for "member-designated" benefits such as group life insurance, missing member notification and hospital visitation rights, DOMA keeps health care coverage and housing allowances off limits. Base housing or housing allowances and health insurance can account for as much as 40 percent of a service member's compensation, Sarvis noted, yet those benefits are not available to same-sex married service personnel.

"There is a huge disparity between gay and straight service members who are providing equal service, taking equal risks, making equal sacrifices," Sarvis said. "This inequity should not and cannot stand."

SLDN's Director of Communications, Zeke Stokes, told LGBTQNation today in a phone conversation that the organisation will mirror the successful campaign to repeal the "Don't Ask-Don't Tell" policy by launching a strategic "two-prong approach," with focus on judicial as well as legislative efforts to remedy the disparity in benefits for military same-sex couples. When asked if there was a specific time frame for filing along with a particular federal bench in mind, Stokes also said that at this time, SLDN would have no further comments other than what had been disclosed in Sarvis' interview with the Huffington Post.

Stokes indicated that SLDN was in the final stages of preparation to launch the legal effort and he added that the lack of parity for military same-sex couples in regards to benefits further underscores the need to repeal DOMA. Stokes said that SLDN absolutely stands behind the efforts to pass the Respect For Marriage Act by Congress.