WASHINGTON — U.S. Defense Secretary Leon Panetta, who is preparing to retire, extended benefits such as child care, commissary privileges and transportation to military bases to same-sex partners of service members.
Other benefits provided for spouses, including healthcare and housing allowances, remain barred because the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, continues to apply to the Defense Department, Panetta said Monday in a memorandum to service chiefs.
“The implementation of the repeal of the ‘Don’t Ask, Don’t Tell’ law has been led effectively by leaders throughout the chain of command and is now essentially completed,” Panetta said in his memorandum. “It is therefore time to address the question of the benefits we will extend to same-sex domestic partners of military service members.”
Panetta said certain benefits, such as on-base housing and burial, will remain prohibited while they are further reviewed because they “present complex legal and political challenges.”
The new benefits being opened to same-sex partners should be available by Aug. 31 and no later than Oct. 1, Panetta said. To qualify, service members and their partners must sign “a declaration attesting to the existence of their committed relationship,” Panetta said.
Two senior Pentagon officials explained the changes and the legal arguments behind the decisions on condition of anonymity because they were not authorized to speak publicly about the issue.
According to a senior legal official, the department cannot extend any benefits that, by law, are limited to “spouse” because of the act’s restrictions.
Service members get payment allowances for off-base housing, with singles getting a specific amount and marriedcouples getting a bit more. Same-sex couples could not legally receive the higher offbase funding because of the act’s marriage definition.
But same-sex couples are not legally prohibited from qualifying for on-base housing. Pentagon officials said that issue requires more review because there were some concerns about following the “spirit of the law” outlined in the Defense of Marriage Act. And they said that service chiefs are concerned about fairness and the reaction of other military members, including the possibility that married couples might be bumped from a housing list by a same-sex couple.
A senior Pentagon official said the estimate of samesex couples affected by the new benefits is about 18,000 - 5,600 active duty, 3,400 National Guard and Reserve, and 8,000 retirees. Officials said that the numbers were probably high, and that there was no solid survey or assessment that could provide a more accurate total.
A number of lawmakers praised the Pentagon’s move, but also called for full equality, saying Congress should repeal the act.
“The administration is doing what it can within the constraints that are in place, but the job is not done,” said Rep. Adam Smith, ranking Democrat on the House Armed Services Committee. “I look forward to continuing to work with the administration and my colleagues in Congress to achieve full equality in the military.”
Others disagreed.
“We are on a slippery slope here. Why would the [Defense Department] extend benefits to same-sex partners and then deny cohabiting heterosexual couples the same benefits?” said Oklahoma Sen. Jim Inhofe, ranking Republican on the Senate Armed Services Committee. “The Department of Defense is essentially creating a new class of beneficiary that will increase costs and demand for limited resourcesthat are currently available for military families, active and reserve forces, and retirees.”
Among the nearly two dozen benefits now available to same-sex partners, the identification card is likely the most important. Officials said the card will look largely the same as the service members’ but will have the designation “DP” - for domestic partner - and will list the types of benefits it allows on the back. Spouses and dependents of service members have similar cards, but those include designations for health-care benefits.
Other benefits now available to same-sex partners and families include family programs, travel on military aircraft when available, child care, legal assistance, and if both are in the military, theywould be able to request, and be considered for, duty assignments in the same area.
Information for this article was contributed by Larry Liebert of Bloomberg News and by Lolita C. Baldor of The Associated Press.
Front Section, Pages 2 on 02/12/2013