Obama Administration Continues Implementation of DOMA Decision With Changes to Military Veterans Benefits and ERISA

September 19, 2013

The Obama Administration is continuing to implement the Supreme Court's landmark decision striking down Section 3 of the so-called Defense of Marriage Act (DOMA). In the months since the June ruling, federal departments have issued guidance and policy updates further detailing the far-reaching impact of DOMA's demise.

The latest announcements further extend critical marriage protections to same-sex couples regardless of where they live:

In a letter to Congress on September 4, 2013, Attorney General Eric Holder announced that President Obama has directed the Executive Branch to take steps allowing for same-sex spouses of military veterans to collect federal benefits. The letter stated:

“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. Like Section 3 [of DOMA], the Title 38 provisions have the effect of placing lawfully married same-sex couples in a 'second tier marriage,' which 'departs from [a] history and tradition of reliance on state law to define marriage.'"

With this announcement, married gay and lesbian veterans will now be eligible for the same benefits afforded to married straight veterans.

On September 18, 2013, the U.S. Department of Labor announced new guidance on the decision's impact on the Employee Retirement Income Security Act of 1974 (ERISA). The announcement provides equal treatment under the law for same-sex couples:

"The terms 'spouse' and 'marriage' in Title I of ERISA and in related department regulations should be read to include same-sex couples legally married in any state or foreign jurisdiction that recognizes such marriages, regardless of where they currently live."

This exciting announcement provides greater equality and greater protection for all of America's working families, including thousands of legally married same-sex couples.

These historic announcements are two more important steps forward in the implementation of the Supreme Court's decision striking down DOMA. They further illustrate the leadership of President Obama, Attorney General Holder, and Secretary of Labor Perez, all of whom have shown their commitment to ensuring that all families are treated with dignity and respect.

More You might like

Equality Federation Accountability and Commitment to Conference Accessibility

Equality Federation acknowledges and deeply apologizes for perpetuating the systemic harm and exclusion of disabled people at our 2025 Leadership Conference.

June 12, 2025
Equality Federation Adds Alexis Sanchez and Vincent Paolo Villano to Senior Leadership Team

We are pleased to announce the addition of two effective and experienced leaders to our senior leadership team!

June 12, 2025
National Coalition of HIV, LGBTQ+ and Health Advocates Applauds Court Decision Upholding Law that Ensures Access to PrEP and other Healthcare Preventive Services

In response to the Supreme Court decision on the Braidwood case today, June 27, a national coalition released the following statement from the Executive Directors of Lambda Legal, PrEP4All, the Center for Health Law and Policy Innovation, the Center for HIV Law and Policy, and Equality Federation.

June 12, 2025
A young man looking up, smilingA young man smiling straight at the camera
Confident young woman standing with crossed arms.

Want To Make A Difference? Support Our Work

With your support, we'll be able to continue our work to build the leaders of today and tomorrow, strengthen state-based LGBTQ+ organizations, and make critical progress on the issues that matter most—like protecting transgender people, ending HIV criminalization and ensuring access to care, and banning conversion therapy across the country.