WASHINGTON (AP) — Congress or the courts may still have more work to do before the VA can start providing federal benefits to married, same-sex couples, according to VA Secretary Eric Shinseki.
The Supreme Court ruled in June that a law, the federal Defense of Marriage Act, denying federal tax, health and pension benefits to married, same-sex couples was unconstitutional. The law governing veteran's benefits contained similar provisions, Shinseki said.
The law on VA benefits specifically defines spouse and surviving spouse as someone of the opposite sex, which has prevented same-sex married couples from accessing such benefits as enhanced disability or pension payments.
In a letter to Sen. Jeanne Shaheen, D-N.H., Shinseki said no court has deemed that particular provision unconstitutional, though three federal cases are pending. Nor has Congress taken up a bill to change the definition of spouse.
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