Jason Perry
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This post is a short discussion of previous findings of the DoD regarding grant of entitlements based on the government's decision not to defend the Defense of Marriage Act.
https://www.law.cornell.edu/uscode/text/28/1738C :
"No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."
As a result of the Windsor decision (United States v. Windsor, 133 S. Ct. 2675, 2679 (U.S. 2013)) the United States stopped defending DOMA based challenges to cases.
The Secretary of Defense later issued this memo:
http://www.defense.gov/home/feature...s-to-Same-Sex-Spouses-of-Military-Members.pdf (Also found in the resource section of this site). According to this memo, as of August 31, 2013, rights to entitlements would not be denied to same sex couples by the DoD.
I note that this is a different issue (the non-defense of a position based on Federal statute and the somewhat discretionary decision to grant rights) than the question of what rights are due under the Supreme Court's decision in Obergefell v. Hodges.
https://www.law.cornell.edu/uscode/text/28/1738C :
"No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."
As a result of the Windsor decision (United States v. Windsor, 133 S. Ct. 2675, 2679 (U.S. 2013)) the United States stopped defending DOMA based challenges to cases.
The Secretary of Defense later issued this memo:
http://www.defense.gov/home/feature...s-to-Same-Sex-Spouses-of-Military-Members.pdf (Also found in the resource section of this site). According to this memo, as of August 31, 2013, rights to entitlements would not be denied to same sex couples by the DoD.
I note that this is a different issue (the non-defense of a position based on Federal statute and the somewhat discretionary decision to grant rights) than the question of what rights are due under the Supreme Court's decision in Obergefell v. Hodges.