Eric Holder, Evading Federal Benefits, District of Columbia 2012
Eric Holder, Evading Federal Benefits, District of Columbia 2012
In a shocking revelation, Attorney General Eric Holder has announced a move to extend veterans benefits to same-sex married couples, evading a key section of federal law.
The move comes after the Supreme Court's decision to strike down a key section of the Defense of Marriage Act, allowing for same-sex spouses of military veterans to collect federal benefits.
According to a letter to Congressional leaders, Holder stated that the President's decision was consistent with the Court's decision in Windsor in June.
Although the Supreme Court did not directly address the constitutionality of the Title 38 provisions in Windsor, the reasoning of the opinion strongly supports the conclusion that those provisions are unconstitutional under the Fifth Amendment, Holder wrote.
The decision not to enforce Title 38 aligns with the Obama administration's determination last year that two provisions of Title 38 that govern benefits for veterans and their families were unconstitutional as applied to legally married same-sex couples.
The announcement comes after the House Bipartisan Legal Advisory Group (BLAG) recently decided to stop defending the Title 38 provisions in pending cases. In addition, last week, a federal district court in California held the Title 38 provisions unconstitutional on equal protection grounds.
A copy of the letter from the Attorney General to Congressional leaders is attached.
Defendant: Eric Holder
Exact Crime: Evading Federal Benefits
City and State: Washington, D.C.
Exact Date: June 2012
Sentence or Outcome: Current Status
Dollar Amounts: N/A
Source: DOJ Press Release
Key Facts
- State: Federal
- Category: Public Corruption
- Source: DOJ Press Release â†â€â€
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