A draft Defense Department memo obtaining yesterday says the department instead may provide up to 10 days of leave to military personnel in same-sex relationships so they can travel to states where they can marry legally. (Agencies)
The memo from Defense Secretary Chuck Hagel to top defense leaders, if implemented, would reverse an earlier plan that would have allowed the same-sex partners of military members to sign a declaration form in order to receive limited benefits, such as access to military stores and some health and welfare programs.
The recent Supreme Court decision extending federal benefits to legally married same-sex couples eliminates the need for such a plan, Hagel said in the draft.
"As the Supreme Court's ruling has made it possible for same-sex couples to marry and be afforded all benefits available to any military spouse and family, I have determined, consistent with the unanimous advice of the members of the Joint Chiefs of Staff, that the spousal and family benefits far outweigh the benefits that could be extended under a declaration system," Hagel wrote.
According to a US official, the memo is under legal review by the Justice Department, and the Pentagon will not be able to take any action until that review is finished.
"Although we have bases and installations in all 50 states, not all state laws are equal when it comes to same-sex marriage," a defense official said. "That is why we are looking at providing extra leave for same-sex couples who want to get married to travel to a state where same-sex marriages are legal." The officials were not authorized to discuss the memo publicly, so spoke on condition of anonymity.
Pentagon officials would not comment on the specifics of the memo. A Defense Department spokesman, Lt. Cmdr. Nate Christensen, said only that the Pentagon "is working alongside the Department of Justice to implement the court's decision as quickly as possible."
Defense officials estimate there are 18,000 same-sex couples in the active-duty military, National Guard and Reserves. It's unclear how many of those are married. The repeal of the ban on openly gay military service took effect in September 2011.
In February, then-Defense Secretary Leon Panetta announced that by no later than October 1 the Pentagon would extend some limited benefits to same-sex partners of service members.
A draft Defense Department memo obtaining yesterday says the department instead may provide up to 10 days of leave to military personnel in same-sex relationships so they can travel to states where they can marry legally.