Monday, February 11, 2013

Virginian Pilot: DOMA Needs to Be Struck Down

In a pleasant surprise over the weekend the Virginian Pilot issued a main page editorial that called on the U. S. Supreme Court to strike down the federal Defense of Marriage Act ("DOMA") as unconstitutional.  Apparently, the Department of Defense's plan to extend more military benefits to families and spouses of LGBT service members prompted the often conservative Virginian Pilot to issue the editorial.  Here are some editorial highlights:

The Pentagon has not yet made an official announcement, but several news organizations have reported plans to extend some benefits to same-sex partners of service members. It's welcome news from the Defense Department, more than a year after the repeal of "don't ask, don't tell" allowed gay members to serve openly.

But even as the Pentagon seeks to provide equal treatment for gay and lesbian service members, officials still find a federal law that institutionalizes discrimination blocks them.  The U.S. Supreme Court need look no further than the military services for an explanation of why it should declare unconstitutional the 1996 Defense of Marriage Act.  DOMA defines marriage as between one man and one woman and prohibits the federal government from recognizing same-sex marriages or extending benefits offered to straight married couples. The Supreme Court hears arguments next month; a ruling is expected this summer.

Gay and straight service members alike deploy, spend months away from loved ones and face enemy fire. Straight married service members know their families will continue to receive health care coverage, access to on-base stores and help from military spouse support groups.  Gay and lesbian service members have no such guarantees, despite the fact that nine states and Washington, D.C., now allow same-sex marriage. Their spouses do not receive death benefits. Nor do same-sex couples who both serve in the military have the expectation  that their service branches will make an effort to place them in the same part of the world.

Last month, the Army Times reported that Army National Guard Staff Sgt. Tracy Dice became, as far as is known, the first same-sex military widow. Her wife, 29-year-old Army National Guard Staff Sgt. Donna Johnson, was one of three soldiers killed Oct. 1 in Afghanistan by a suicide bomber.

Because of the Defense of Marriage Act, Dice was not eligible to travel as Johnson's spouse to meet her wife's repatriated remains at Dover Air Force Base Dice traveled with the Johnson family. Her expenses were covered; a spokesman said the benefits were provided as a soldier or family friend, not as a spouse. Dice will not receive compensation through a Veterans Affairs program that provides a monthly income to heterosexual spouses of service members who die on active duty.

Dice's loss, her grief, is no less profound because of her sexual orientation. The Defense of Marriage Act insults many who defend our country, along with the thousands of other civilian same-sex couples who seek to cement their loving commitments to each other and their families.

It should fall, and the Pentagon should extend full benefits to all its married service members, gay or straight.

Not surprisingly, one knuckle dragging subscriber was incensed by the concept of treating all families and service members equally and resorted to the standard Christofascist screed against gays and homosexuality seeking to punish anyone who doesn't buy into their dream of a Christian theocracy rather than the constitutional republic envisioned by the Founding Fathers.  Kudos to the Virginian Pilot for standing up for equality and condemning what in the ultimate analysis  is nothing but unvarnished religious based bigotry.

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