Boehner Doesn’t Want Gay Soldiers Having Equal Benefits


The House leadership on Monday moved to intervene in a suit brought by gay and lesbian servicemembers as they challenge DOMA’s denial of spousal benefits.

The intervention comes in the case of†McLaughlin v. United States, where†eight gay and lesbian servicemembers and their spouses are challenging that DOMA illegally discriminates against them on grounds of their gender and sexual orientation. The case also challenges†three other federal statutes — Titles 10, 32 and 38 — that prevent the military from providing equal recognition, support and benefits for all military families.

Plaintiffs in the case include†Chief Warrant Officer (CW2) Morgan, who has incurable†stage IV breast cancer and who†traveled†to Washington to personally ask Speaker Boehner not to intervene in this case.

The Obama administration, per its assertion that DOMA Section 3 is unconstitutional, will not defend the ban in court and may even argue against DOMA’s denial of spousal benefits as the administration has done in several other cases.

Within hours of the House leadership’s petition to intervene in this case, the Servicemembers Legal Defense Network, who support Plaintiffs in this suit, condemned the move. Said Executive Director Aubrey Sarvis:

Speaker Boehner’s request to defend this case in the wake of the ongoing harm done to military families by these discriminatory laws is reprehensible and callous. The Speaker has turned a deaf ear to the urgent pleas of CW2 Charlie Morgan and countless families like hers, who are living with the day-to-day realities of a military that has been forced to create two classes of service members.†Speaker Boehner’s politically motivated ongoing defense of these unjust laws is hurting military families. It’s time to repeal DOMA and revise these antiquated laws that are preventing all military families from being treated with fairness and equality. There cannot be two classes of service members.

House Minority Leader Nancy Pelosi’s spokespeople also condemned the move, reportedly saying:

“Without a vote or any specific authorization … [BLAG] is intervening in yet another case,” Pelosi spokesman Drew Hammill said.

“The men and women of the U.S. armed forces risk their lives for the country they love and don’t deserve to face prejudice,” Hammill added.

The House leadership represented by the bipartisan (though Republican controlled) Legal Advisory Group has now sort to intervene in 12 DOMA defense cases even after a number of federal courts have found Section 3 to be†unconstitutional.

House Speaker Boehner has also faced condemnation for his failure to disclose exactly where the funds, in excess of $1 million, used to defend DOMA have been taken from.

Boehner has repeatedly said that funds have been taken from the Department of Justice budget, but this is something the DOJ has denied.


Related Reading:

Boehner Totally Blasť About ENDA

‘DOMA Does Violence to the Constitution’ Says New Lawsuit

GOP Wants to Deny Lesbian Veteran With MS Full Disability Benefits

Image used under the Creative Commons Attribution License with thanks to House GOP Leadership.

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janet T.
janet T.3 years ago

I am so incensed!! I grew up military and married military and I have seen quite a few people in the military that are not to my taste!!! some were racists and some were downright stupid but they got all the benefits. And now they want to deny benefits to people who just happen to be gay, all because their invisibile sky god's representative or two don't like gays. Again THEOCRACY, people, THEOCRACY!!! I thought this was the land of the free!!!!

Barbara DeFratis
Barbara DeFratis3 years ago


I Wish, Most Especially since he from my home state of Ohio. Our only hope of getting rid of him is if the Democrats re-take control of the House.

roberta h.
roberta hasrings3 years ago

It is the republicans who praise our soldiers, false praise that is. When my grandfather came to this country from Canada and got his citizanship he immeditally went down and declaired his intentions to serve his country(1917). Rubio on the other hand did not have the guts to sign up for military service

Robert Tedders
Robert Tedders3 years ago


William Y.
William Y.3 years ago

@ Muriel C, As a former career army NCO, I fully agree with your post. Green *

Lorraine O'Connor

I was a bona fide member of the U.S. Air Force WAF [Women in the Air Force] in 1952 when I married another NCO --- I outranked him so it was ME who went to my Squadron commander and requested on-base housing for the two of us. (We were stationed in Wiesbaden, Germany at the time) --- He was flabbergasted and had NO clue what to tell me....It was pathetic. Long story then knew what to do. So it was a simple solution. Me Woman. Woman marries lesser grade of NCO, therefore *higher rank* of Woman was meaningless. We did not get our Air Force housing. Discrimination has been around for quite a while, folks!! Like that scenario?.....Vote for the disgusting Party of NO, who needs Liberty For All Citizens, anyway???

Mike and Janis B.

With that attitude why would these young people ever go into combat. The US doesn't serve their service.

Cathy Mayer
Cathy Mayer3 years ago

You have to be kidding me. We fight as a team and there is no "I" in TEAM. Why would anyone say they should not get the same benefits. He did not even fight for our country. What a winer. Grow up everyone should be treated equal.

Lauren B.

Well, a lot of people have spousal and other benefits now whose lifestyles I don't approve of! But what can you do? In the US all citizens are supposed to have equal rights, even people we don't like or respect. Get over it, guys!

Lynn Squance
Lynn Squance3 years ago

Boehner has his head so far up his ass that his tongue is tickling his tonsils. Boehner is like the Marconi dog, he only responds to his master's voice --- in this case, the 1% and the corporations!

Sylvia M --- "Doesn't Boner have ANYTHING better to do? Like come up with some viable economic plans, green energy development, job issues for Americans? " --- that would presume that he cared, and obviously he doesn't. He is not doing the job that he was elected to do --- that is representing the American people --- so if Congress were like any other workplace, he could be fired. It is too bad that federal representatives can't be recalled like state representatives, so I guess it will have to be November 2012, or 14 whichever is his term.

@ Christopher F --- well said my man!!!