That should have been done long ago. Why did they wait?

.


On Fri, Jun 28, 2013 at 4:54 PM, Bruce Sorge <[email protected]> wrote:

>
> Meanwhile, the military is already putting the wheels in motion to fully
> recognize same sex legally married couples as legitimate couples, which
> includes all of the benefits bestowed on heterosexual married couples.
> And sorry for the long post, but it's on the military times website, and
> you have to be an active subscriber to see the story, so I am
> cutting/pasting it here.
>
> Same-sex marriage: 18 questions answered
> What changes are coming for housing, health care and more
>
>
> A 5-4 Supreme Court decision on same-sex marriage has handed the military
> a new challenge: updating hundreds of benefits and programs to recognize
> same-sex couples while also figuring out how to pay what could be billions
> in extra costs.
>
> The Defense Department has been preparing for this expansion since
> Congress voted in 2010 to repeal the Clinton-era “don’t ask, don’t tell”
> policy that allowed gays to serve in the military only if they remained
> closeted.
>
> Defense officials say they are ready and willing to move forward, but are
> not yet prepared to announce just when same-sex couples will get the
> housing, health, compensation and support benefits that will grant them
> equal benefits.
>
> Allyson Robinson, an Army veteran and executive director of Outserve/SLDN,
> a group that has helped thousands of gay service members, said providing
> full military and veterans benefits to same-sex couples is the logical next
> step after DoD dropped its ban on open service by gays in 2011.
>
> The law, she said, is clear.
>
> “This is now an implementation issue,” she said.
>
> What this all means for you:
>
> Q. What did the court ruling actually do?
>
> A. The 5-4 ruling came in a suit on behalf of a New York woman, Edith
> Windsor, who was denied an estate tax exemption provided to surviving
> spouses after the 2009 death of her same-sex spouse, Thea Spyer, because
> the Defense of Marriage Act of 1996 defined marriage as only between a man
> and a woman.
>
> “Under DOMA, same-sex married couples have their lives burdened, by reason
> of government decree, in visible and public ways. The principal purpose is
> to impose inequality, not for other reasons like governmental efficiency,”
> the court’s majority opinion stated.
>
> The ruling strikes down DOMA’s definition of marriage as unconstitutional,
> leaving state laws to determine what constitutes a marriage within their
> borders and what marriages from outside the state are recognized.
>
> Q. When will the changes take effect?
>
> A. Unclear, but defense officials intend to move quickly. Shortly after
> the ruling was announced, Defense Secretary Chuck Hagel said DoD will “move
> very swiftly, expeditiously. ... We are now, of course, exploring all the
> pieces, but make no mistake: It will be a decision implemented in every
> way, as it should be.”
>
> Q. Will the transition be complicated?
>
> A. It could be. Complex questions are in play; thousands of laws and
> policies may need to be changed.
>
> John Mahoney, a Washington, D.C., attorney specializing in government
> personnel issues, said it is clear what the government needs to do — but
> not how to get there. “What needs to be worked out is how two soldiers
> married in New York, where same-sex marriage is legal, will be treated if
> they are in a Southern state where it is illegal. We expect that state to
> recognize a legal marriage, but this could be complicated.”
>
> Hagel acknowledged that complexity. When asked if he could guarantee that
> same-sex military couples assigned in states where gay marriage is not
> legal would receive the same benefits as same-sex couples assigned to
> states where they can get married, he said he didn’t know, and added that
> this is one of the questions under review by Pentagon lawyers.
>
> Lawmakers are also tackling that issue. Sen. Jeanne Shaheen, D-N.H., is
> sponsoring a bill that would specifically redefine marriage in federal law
> for military and veterans’ benefits to include legally married same-sex
> couples.
>
> The legislation, S 373, may be useful to the Pentagon if defense officials
> discover that changes in law are required to fully implement equal
> benefits. A companion bill in the House is sponsored by Rep. Adam Smith,
> D-Wash., ranking Democrat on the House Armed Services Committee.
>
> Q. How many same-sex married couples are in the military?
>
> A. Unknown. DoD estimates there are 18,000, but has no idea how many of
> them are legally married, or may now seek to legally marry in the wake of
> the Supreme Court ruling.
>
> Q. Will an influx of spouses squeeze access to any benefits?
>
> A. Possibly in a few cases, although such impact likely would be minor.
>
> For example, the My Career Advancement Accounts, or MyCAA, program
> provides a defined pot of money each year for job training and education
> for spouses. Once that money is spoken for, the program takes no more
> applicants until the next year.
>
> Q. When will same-sex spouses be eligible for military ID cards?
>
> A. Even before the Supreme Court ruling, DoD already had decided to start
> issuing IDs cards to legal spouses and domestic partners starting on Sept.
> 1. An ID card is the gateway to dozens of fringe benefits for spouses; for
> example, it grants access to military installations and all the on-base
> community and family support programs, which a same sex-spouse now cannot
> access without an escort.
>
> Q. How will the policy on housing allowance be adjusted?
>
> A. A service member receiving basic allowance for housing to live off base
> will be eligible to receive this tax-free allowance at the higher
> with-dependents rate if they are legally married to someone of the same
> sex. But if that couple has children, the service member may already be
> receiving the with dependents rate.
>
> On average, the difference between married and single housing allowance
> rates is about $206 a month for officers in paygrades O-5 and below and
> $248 a month for enlisted members.
>
> Q. Will same-sex couples be eligible for military family housing?
>
> A. Yes. But one question to be resolved involves housing assignments to
> privatized quarters in states where same-sex marriage is not recognized and
> where the land on which the privatized housing sits was conveyed by DoD to
> the management company — which means the housing technically is not on
> federal property. Defense policy clearly governs housing assignments, but
> this issue will require further study.
>
> Q. Will the military make any special accommodations in housing
> assignments?
>
> A. The housing issue could be one of the the biggest cultural changes for
> military families, as some may not want to live beside gay couples for
> religious or personal reasons. But they are unlikely to have a choice. The
> military already has strict rules about not tolerating discrimination on
> the basis of sexual orientation and is expected to do the same for family
> housing.
>
> The services do not move or assign people based on religion or race and
> are unlikely to make an exception for sexual orientation.
>
> Q. What does this change mean for health care for same-sex spouses?
>
> A. The military health care system is one of the lowest-cost health plans
> in the nation for beneficiaries, so one of the biggest financial gains for
> same-sex couples will be coverage for spouses, both through on-base care
> and access to Tricare. Actual savings will depend on what type of health
> coverage, if any, the spouse currently has.
>
> On average, people with employer-provided health insurance policies in the
> private sector will pay $2,385 in premiums and $2,429 in out-of-pocket
> costs in 2013, according to the Society for Human Resource Management.
>
> An active-duty spouse using Tricare Prime generally pays no premiums, no
> co-payments for office visits and no deductibles for health care. They may
> pay nominal fees for incidentals and drug co-payments at retail pharmacies.
>
> Tricare Standard has no premiums and charges minimal annual deductibles.
> It charges a 20 percent copay for office visits and emergency care, and
> co-payments when using retail pharmacies.
>
> Q. Will same-sex couples get better travel benefits?
>
> A. Yes. On permanent change-of-station moves, same-sex spouses would
> receive travel and transportation allowances, and the couple would be able
> to ship more household goods at government expense.
>
> Q. What about command-sponsored overseas assignments?
>
> A. Same-sex spouses will be able to join their service members on
> command-sponsored overseas assignments. Previously, a member married to
> someone of the same sex would be sent on an unaccompanied tour, sometimes
> shorter than an accompanied tour in that area.
>
> Stephen Peters, president of the American Military Partner Association,
> cited command sponsorship as one of the three biggest new benefits for
> same-sex couples, along with health care and housing allowances.
>
> Q. Will same-sex spouses be able to shop in commissaries and exchanges?
>
> A. Yes. Shopping privileges in on-base stores will become available, as
> well as use of recreation facilities; family support centers, which offer a
> variety of activities, relocation assistance, employment services and
> counseling; and legal aid.
>
> Q. What education benefits will same-sex spouses qualify for?
>
> A. They will be eligible for transferred Post-9/11 GI Bill benefits if the
> service member qualifies to share benefits, and also will be eligible for
> military spouse tuition assistance designed to help spouses acquire
> “portable” job skills.
>
> The tuition assistance program, Military Spouse Career Advancement
> Accounts, or MyCAA, can provide up to $4,000, limited to $2,000 a year, for
> some training. Junior officers and junior enlisted members are eligible.
>
> Q. Will same-sex spouses be allowed to be listed as official next-of-kin?
>
> A. Yes. They will be the ones to receive official notification of casualty
> to their military spouse. In addition, if a service member is hospitalized,
> a same-sex spouse will receive travel and transportation allowances to join
> the member.
>
> Rep. Tammy Duckworth, D-Ill., a disabled Iraq War veteran, said the the
> Supreme Court decision made her think about what it means to be a military
> couple.
>
> “While I was recovering at Walter Reed after being shot down in Iraq, my
> husband Bryan was at my bedside every day,” she said, referring to her
> recovery in 2004 after a rocket-propelled grenade struck her helicopter. “I
> support the freedom to marry because everyone deserves the same level of
> access, support and love.”
>
> If a member dies on active duty, the spouse also will receive allowances
> to attend the burial and memorial services.
>
> Same-sex spouses will be eligible to serve as designated caretakers of
> severely wounded troops or veterans, under programs that provide training,
> benefits and even pay under some circumstances.
>
> Q. What death benefits will same-sex spouses qualify for?
>
> A. They’ll be eligible for a wide range of benefits, including receiving
> their service members’ final paychecks and personal belongings and being
> the one who decides how to dispose of remains. If a service member is
> eligible for burial in a veterans cemetery, a same-sex spouse could also be
> buried there.
>
> The military’s $100,000 “death gratuity” for active-duty deaths, as well
> as Servicemembers’ Group Life Insurance payouts of up to $400,000, already
> are available to same-sex spouses. Service members may designate any
> individual to receive those payments.
>
> For same-sex retiree couples, spouses will be eligible to participate in
> the voluntary Survivor Benefit Plan, in which retirees pay monthly premiums
> in return for the government paying annual annuities to their designated
> survivors after the retiree dies.
>
> Q. How will dual-service same-sex couples be affected?
>
> A. They will be covered by the same policies as other dual-service
> couples. This includes exemptions from serving simultaneously in hostile
> fire areas or combat zones, and consideration in reassignments to try and
> station both members in the same location.
>
> Q. How much will all this cost DoD?
>
> A. Defense officials do not know how much it will cost to provide full
> benefits to same-sex spouses, but any increase would create problems at a
> time when growth in military spending has slowed and the threat of more
> across-the-board budget cuts remains.
>
> However, just extending military health care coverage to 18,000 new
> same-sex spouses would cost $63 million a year, using the Pentagon’s
> estimate that the military’s annual cost to provide health care averages
> about $3,500 per person. And that does not include the cost of covering an
> untold number of same-sex spouses of military retirees, who will also be
> eligible for military health care.
>
> There would be added costs from paying higher housing allowances to
> same-sex couples and providing travel allowances during duty-station moves,
> and from increased use of fringe benefits because of more people using
> community and family support facilities.
>
> Staff writers Karen Jowers and Patricia
>
> 

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