Beginning on August 31, the Navy will begin providing benefits to same-sex couples. Because of federal law, however, these couples are ineligible for certain benefits such as health care and housing allowance.
As you likely know, in 2010 President Obama signed into law legislation that set conditions for the repeal of the Don’t Ask, Don’t Tell Act (DADT)(Title Ten, United States Code, Section 654). This was the official policy of the United States relating to gays serving in the military, and it prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while barring openly gay, lesbian, or bisexual persons from military service. It was officially repealed effective September 20, 2011.
Earlier this year, the Department of Defense (DoD) identified family member and dependent benefits that the services can lawfully provide to same-sex partners and their families through changes in the DoD policies and regulations. To make these benefits available to same-sex partners of our service members, the Navy reviewed, and is currently modifying, all necessary instructions, notices, and MILSPERMAN (Navy Military Personnel Manual) articles; and it is conducting training to ensure a clear understanding of the benefits and documentation requirements.
In demonstrate eligibility for benefits, service members must submit a Declaration of Domestic Partnership for DEERS Enrollment (DD653) and obtain a DoD identification for their same-sex partner. If this is completed successfully, many benefits will apply to same-sex partners, including: Dependent ID cards (DD Form 1173), commissary and exchange, access to child and youth programs, access to legal assistance, access to most Family Center Programs, and emergency leave and emergency leave of absence for the military member to attend to partner emergencies. (Access the full list here).
It must be acknowledged, however, that under federal law, many “traditional” benefits still do not apply to these “untraditional” couples. Thus, the Navy cannot unilaterally extend them to gay couples. For example, a same-sex partner of a military member is not eligible for TriCare or to be reimbursed for medical payments. Also, homosexual couples are not eligible for with-dependent rate Basic Allowance for Housing. Unfortunately, some might argue that as far as benefits go, the benefits disallowed to same-sex couples are the big-ticket items.
Still, this is a big step for same-sex couples, and it is an acknowledgement of the changing and evolving policies of our military. In a few years, perhaps some of the federal laws that restrict same-sex benefits will be lifted, and the DoD will be able to follow suit.
To access the Navy’s FAQ page on same-sex benefits, go to: http://www.public.navy.mil/bupers-npc/support/dadt/Pages/default.aspx.
It is a start, hopefully full recognition will come soon!!