May 10, 2012 - The Veterans Affairs Department is following the Justice Department’s lead in refusing to defend the Defense of Marriage Act, according to a legal memo released by VA on Wednesday, a few hours after President Obama publicly announced his support for same-sex marriage.The court notice, signed by VA General Counsel Will Gunn on behalf of VA Secretary Eric Shinseki, says VA will not fight Fifth Amendment claims based on equal protection under the law brought against DOMA.
The memo also says Shinseki believes DOMA should be subject to a “heightened scrutiny” standard, meaning it is up to defendants to prove the law is justifiable under the constitution, as opposed to the “rational basis” standard, which puts the burden on the law’s opponents to prove there is no rational reason for it to exist.
Yale Law School filed the case in the U.S. Court of Appeals for Veterans Claims last month on behalf of Carmen Cardona, a disabled Navy veteran who served 18 years and in 2010 married another woman in Connecticut, one of the states that recognizes same-sex marriage.
Cardona, who has an 80-percent disability rating due to carpal tunnel syndrome, applied for increased disability benefits from VA, but was denied under DOMA, which says same-sex couples do not qualify for federal benefits, regardless of the state laws where they live. read more>>>
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