The Supreme Court struck down the Defense of Marriage Act on June 26, likely paving the way for the Defense Department eventually to extend full military benefits to gay service members and their partners or spouses. The door to sharing of benefits could open for gay veterans as well. The high court ruled 5-4 that the law, which barred recognition by the federal government of same-sex marriages, violated the Fifth Amendment right of equal liberty for all citizens. The case centered upon a dispute over taxation of the estate a deceased woman left to her partner. The couple had married in Canada. The survivor contended the federal government had no right ignore the legality of their marriage, and thus impose a higher tax rate on her inheritance. In the high court’s ruling, the majority of the justices agreed. Exactly how the decision will affect gay service members and veterans is still to be determined. The ruling only applies to persons living in states that recognize same-sex marriage. It is too early to tell, for example, what would happen to a couple legally married in one state if they were transferred to another state that does not recognize their union. Moreover, since the military’s gay ban was repealed, the Pentagon had been working on a plan to address the benefits issue. Earlier this year, President Obama directed the Defense Department to identify more than 20 new benefits that could be extended to same-sex partners and their children under existing federal laws. The department intended to extend those benefits — including identification cards, commissary and exchange privileges, joint-duty assignments, child care, and legal assistance — sometime this fall.
