The Obama administration will begin providing veterans benefits to same-sex couples after the Justice Department said Wednesday it would not enforce a law restricting them.
Attorney General Eric Holder wrote in a letter to Speaker John Boehner (R-Ohio) that the Justice Department would not enforce a federal statute providing benefits only to opposite-sex spouses.
The administration’s decision is being made in response to the Supreme Court striking down the Defense of Marriage Act (DOMA) in June.
Holder wrote that President Obama instructed the executive branch not to enforce Title 38, which had prevented benefits from being given to the spouses of gay and lesbian veterans.
The decision will open up veterans benefits to same-sex couples who are in marriages recognized by state law. It follows previous moves from the administration to provide benefits to same-sex spouses of service members and to recognize same-sex couples for tax purposes, even in states that do not recognize same-sex marriage.
While the Pentagon swiftly moved to provide benefits to same-sex couples, the Department of Veterans Affairs had said its situation was more complicated.
In a letter to Sen. Jeanne Shaheen (D-N.H.), who pushed for the VA to grant the benefits, VA Secretary Eric Shinseki wrote that the definitions of spouse in Title 38 “would not confer spousal status for purposes of eligibility for VA benefits.”
Shinseki said in the Aug. 14 letter that no court yet had found the Title 38 definitions unconstitutional. Holder noted in his Wednesday letter that a district court did find the definitions unconstitutional on Fifth Amendment grounds.