Sexual Orientation and The United States Military - After DADT

After DADT

The American Civil Liberties Union (ACLU) brought suit in 2010 on behalf of servicemembers discharged for homosexuality who received only half the standard separation pay upon discharge. All were discharged under the DADT policy, but the ACLU said that the practice ante-dated the adoption of DADT. On January 7, 2013, the ACLU reached a settlement with the federal government in Collins v. United States that provided for the payment of full separation pay to servicemembers discharged under "Don't ask, don't tell" since November 10, 2004. Some 181 were expected to receive about $13,000 each.

The American Military Partner Association (AMPA) was formed in 2009 to enable the LGBT partners of servicemembers and veterans to provide support in areas where the military fails to and to advocate on behalf of equal treatment of those in same-sex relationships.

Despite the U.S. military allowing openly homosexual and bisexual servicemembers since September 20, 2011, the partners of gay or lesbian servicemembers and the same-sex partners of bisexual servicemembers are not treated on a par with the different-sex spouses of military servicemembers because of restriction imposed by the Defense of Marriage Act (DOMA). Same-sex spouses are denied death benefits, identification cards, base access, access to repatriation ceremonies, and other entitlements. Among the lawsuits brought on behalf of such spouses, on October 27, 2011, the Servicemembers Legal Defense Network (SLDN) brought suit in federal court on behalf of several military servicemembers and veterans in same-sex marriages. The benefits at issue in the case of McLaughlin v. Panetta include medical and dental benefits, basic housing and transportation allowances, family separation benefits, visitation rights in military hospitals, and survivor benefit plans.

Transgender veterans have also formed organizations such as the Transgender American Veterans Association (TAVA), which advocates for transgender individuals to be allowed to serve in the military, which was unaffected by the end of DADT, though transgender activists like Navy veteran Autumn Sandeen played significant roles in protesting DADT. Even if discharged under mental health regulations, transgender veterans can receive medical benefits at Veterans Administration hospitals, though VA hospitals cannot perform sex-reassignment surgeries. Some have returned to active service after transitioning.

In December 2012, the Association of Bragg Officers Spouses (ABOS) denied membership to Ashley Broadway, the female spouse of a female Army officer. During the weeks of press coverage that ensued, Fort Bragg's commander said he lacked authority over the private organization while the U.S. Marines announced that clubs conducting business on base must admit same-sex spouses. ABOS offered Broadway a "special guest membership", which she declined. On January 26, Military Spouse magazine named Broadway Fort Bragg's 2013 "Military Spouse of the Year". That same day, ABOS invited Broadway to join and announced that its membership was open to "any Spouse of an active duty commissioned or warrant Officer with a valid marriage certificate from any state or district in the United States".

In June 2013, the Pentagon announced plans to begin issuing identification cards to the same-sex partners of servicemembers, which will allow them to access education, survivor, commissary, travel, counseling and transportation benefits, but not health care and housing allowances. On June 26, 2013, following the Supreme Court decision in United States v. Windsor that held Section 3 of DOMA unconstitutional, Secretary of Defense Chuck Hagel stated: "The Department of Defense welcomes the Supreme Court’s decision will immediately begin the process of implementing the Supreme Court's decision in consultation with the Department of Justice and other executive branch agencies. The Department of Defense intends to make the same benefits available to all military spouses—regardless of sexual orientation—as soon as possible." The status of benefits for veterans in same-sex relationships remained uncertain following the court decision.