LGBTQ Veterans in long-term same-sex relationships who were not able to get legally married back in 2015 are eligible for new survivor benefits. The Department of Veterans Affairs announced this change for survivors who could not get married to their partners before they died due to the Supreme Court’s ban on gay marriage.
Suggested read: LGBT+ Healthcare Options for Veterans
Support and Struggles for LGBTQ Veterans
The United States consists of roughly 1 million LGBTQ Veterans. The Department of Veterans Affairs offers care for these individuals due to the health risks and challenges they may face. Certain care includes heart health, hormone treatment, cancer screening, and treatment for preventing sexually transmitted infections.
Despite the support, this does not take away from the fact that gay Veterans have struggled with challenges during and after their military careers. Many discriminatory policies and stigmas against the LGBTQ community have limited their benefits, leading to social, economic, and health problems.
From 1994 to 2011, the “Don’t Ask, Don’t Tell” policy was in effect. It meant that openly gay, lesbian, and bisexual individuals could not perform military service, as (according to the policy) it would threaten discipline, good order, and morale, which are essential for military capability.
Non-heterosexual people were prohibited from talking about same-sex relationships and their sexual orientation, and those who violated this would be discharged. Being discharged from the military barred people from having access to financial support, and they were not eligible to receive benefits in health care, disability compensation, home loans, and burial benefits.
Fighting for Rights
Prejudice against the LGBTQ community is prevalent. Last year, Larry Vilord, partner of a U.S. Navy Veteran, appealed to the U.S. Court of Appeals for Veteran Claims because he was not eligible for survivor benefits, despite the fact that he and his late husband had been together for 44 years.
While slow, there have been strides made to make the military more inclusive. In Obergefell v. Hodges, the Supreme Court ruled that the fundamental right to marry applied to same-sex couples.
All fifty states were required to recognize same-sex marriages, and this court case has brought tremendous change to the military. Another change that came in 2021 was that those who were discharged under the “Don’t Ask, Don’t Tell” policy would be able to qualify for Veteran benefits.
Denis McDonough, Secretary of the VA, said, “VA is closing a gap in benefits for surviving spouses of LGBTQ+ Veterans, righting a wrong that is a legacy of the discriminatory federal ban on same-sex marriages… It is VA’s mission to serve all Veterans — including LGTBQ+ Veterans — as well as they’ve served our country, and this decision is a key part of that effort.”
Through the new policy, while the rates of benefits will be higher for couples who have been married for eight years, it is required that couples must have been married for at least a year in order for the surviving spouse to qualify for the benefits. The benefits include the VA Survivors Pension and the Dependency and Indemnity Compensation.
The VA Survivors Pension would give monthly payments to surviving spouses who meet certain income limits, and the Dependency and Indemnity Compensation would give a tax-free monetary benefit to surviving spouses.
The Future for LGBTQ Service Members and Vets
Senator Patty Murray (D-Wash) explained her discontent with past anti-LGBTQ laws. “It’s unacceptable to me that surviving partners of Veterans have been denied the VA care, benefits, and services they deserve because they did not have the right to marry… I’ve been fighting for years to tear down barriers like these for our Veterans, and I’m glad VA took this important step — but our work is not done.”
This change comes under the Biden administration, which wants to make up for what they see as laws that were discriminatory toward LGBTQ Vets. There were 41 Democratic senators who called for same-sex spouses to be eligible to receive benefits if they could not marry before Obergefell.
Those eligible include LGBTQ Veterans who were wed after the Obergefell decision in 2015 and before 2017, or those whose Veteran spouses died. If they can prove they had a marriage-type relationship, such as having a joint bank account, owning a house together, or having had a commitment ceremony, they will be eligible for benefits. Those who were married after June 2017 are not eligible to receive benefits.
Other benefits offered to eligible LGBTQ Veterans include Servicemembers Group Life Insurance, Veterans’ Group Life Insurance, the Post Vietnam-era Veterans Assistance Program, and the Montgomery GI Bill. Veterans in same-sex marriages are entitled to the benefits that everyone receives. This policy is effective immediately, and those who qualify may apply for benefits today!
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