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The U. Supreme Court overturned section 3 of the Defense of Marriage Act DOMAwhich governed the definitions of "marriage" and "spouse" for all federal agencies. However, there remain certain provisions of federal law governing Veterans' benefits and services that, like DOMA, define a spouse as a member of the opposite sex.

In Septemberthe U. Attorney General announced President Obama's directive to cease enforcement of those VA-specific definitional provisions.

Marriage equality for same-sex couples in virginia

However, another provision of the law governing VA — 38 U. This statutory requirement to look at the laws governing marriage in the place where the Veteran or Veteran's spouse resided at the time of the marriage or at the time they filed their claim or application precludes VA from recognizing certain same-sex marriages, such as when a couple has never lived in a state that recognizes same-sex marriages.

VA has worked with DOJ to develop guidance to process claims and applications for same-sex married couples while still following the statutory requirement to look to the place of residency.

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VA is committed to treating all Veterans and their spouses as equally as possible under the law. Since the Windsor decision, VA has worked with DOJ to develop guidance to process claims and applications for same-sex married couples while still following the statutory requirement to look to the place of residency. Importantly, the administrations within VA will aim to apply the same level of scrutiny to all Veterans' marriages, regardless of whether it is a same-sex or opposite-sex marriage.

Lambda legal files lawsuit seeking freedom to marry for west virginia same-sex couples

VA will therefore process claims and applications involving same-sex marriage in the same manner that VA processes claims based on opposite-sex marriage without any additional scrutiny or development. VA has made efforts to ensure that claimants will not be negatively impacted as a result of the time that has passed while developing this guidance.

VA is now processing all claims and applications involving same-sex marriages that were ly being held by the program offices.

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VA launched a new website and is continuing to update forms to inform Veterans and beneficiaries of the recent changes in the law and procedures. The new website provides important information to help Veterans and beneficiaries understand the eligibility requirements under federal law and VA regulations, and answers frequently asked questions.

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The appearance of external hyperlinks does not constitute endorsement by the Department of Veterans Affairs of the linked web sites, or the information, products or services contained therein. For other than authorized VA activities, the Department does not exercise any editorial control over the information you may find at these locations.

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All links are provided with the intent of meeting the mission of the Department and the VA website. Please let us know about existing external links which you believe are inappropriate and about specific additional external links which you believe ought to be included by ing newmedia va.

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Back to News Releases Index. Veterans Crisis Line: Press 1. Complete Directory.

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If you are in crisis or having thoughts of suicide, visit VeteransCrisisLine. Disclaimer of Hyperlinks The appearance of external hyperlinks does not constitute endorsement by the Department of Veterans Affairs of the linked web sites, or the information, products or services contained therein.

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Today Lambda Legal filed a federal lawsuit in the US District Court for the Southern District of West Virginia on behalf of three same-sex couples seeking the freedom to marry, and the child of one of the couples.
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As everyone knows at this point, same-sex marriage is now legal in the Commonwealth of Virginia.
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Lambda Legal asked a federal court in West Virginia today to rule swiftly for three same-sex couples seeking the freedom to marry.
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