Jerry Brown Protects Gay Veterans' Benefits

Look for rainbow flags to start flying at state-run veterans homes.

On New Year’s Eve, Attorney General Jerry Brown’s office issued an opinion stating that gay, lesbian and transgender military vets living in California are entitled to all state-funded veteran benefits, including veterans’ housing. And, yep, their same-sex domestic partners are covered too.

“We take this opportunity,” Los Angeles-based Deputy AG Marc Nolan wrote, “to make clear that, under the laws of California, neither military veterans nor their registered domestic partners may be discriminated against in the provision of state-funded veterans’ benefits on the basis of their gender or sexual orientation, the federal Don’t Ask Don’t Tell policy notwithstanding.”

The opinion had been sought by the California Commission on the Status of Women, which noted that the federal policy has contributed to “a widespread belief among military veterans that discrimination against LGBT veterans is acceptable in any military setting.”

The opinion notes that state anti-discrimination laws prevent the denial of state-funded benefits, including preferences in civil service exams, college tuition waivers and property tax exemptions.

Even gays and lesbians discharged from the military because of their sexual orientation get the benefits.

“It does not appear that a service member’s sexual orientation, in and of itself,” Nolan wrote, “will cause him or her to receive an ‘other than honorable conditions’ discharge, and this will be true even if the member’s sexual orientation formed the basis of a ‘homosexual conduct’ separation from service under Don’t Ask Don’t Tell.”

Look for disco nights at the veterans homes. The Village People’s “In the Navy” will likely be a popular request.

— Mike McKee

Comments

[Hate the Village People]

Your attempt at humor is inappropriate and rude. Yeah, every gay service member is just like the Village People, enjoys the music of the Village People, and idolizes the Village People. Way to perpetuate stereotypes. The humor is juvenile. You wouldn't dare have done such humor if the story related to race, gender, disability, or any other protected class but somehow believe it is okay with sexual orientation. And this is a legal newspaper for the legal community? Wow.

[Joseph Hahn]

I think your use of tired stereotypes is appalling. While I'm sure Legal Pad thinks this is all very funny and tongue in cheek, it demeans the reputation of the institution that you work for and has no place in this forum. Denial of equal benefits to gays and lesbians is deadly serious. In the next 24 hours, across this state and country, innocent gay and lesbian people will be beaten and killed by bigots who thrive on just your kind of humor. Rainbow flags and the Village People? Stick to the facts and leave your bias out of this forum.

[Mike McKee]

I apologize for offending anyone. We realize the serious nature of the AG’s ruling, which is why we put it on our blog — to give it the attention it deserves. While I know that not everyone in the LGBT community is defined by old Village People records, I’m one gay man who spent many nights of my youth dancing the nights away to “YMCA” and “In the Navy,” and hope to be doing the same in my retirement home.

[Not offened, But lets get serious]

I am prior service Marine that was discharged under DADT. It has been ten long years of humiliation and emotional wreckage to lose something I loved so much and have taken from me. I have faced many things during my civilian time here in California where I have been discriminated in employment because of my discharge. So not only do I and have I delt with this in the past, I get to deal with it every time I apply for a job. Now I’m possibly facing not being given Veteran status for a federal job because of it. How is it fair, for a service member to service only six months and have an honorable discharge and get all the benefits awarded to him. But I’m not getting it. As well as my GI Bill Benefits that I paid for were not awarded to me and I was never told a real reason as to why. I’m seeking answers now, I’m not hiding in shame that was placed upon me. There doesn’t seem to be a real person to handle the Gay issues of the military. I can not be the only person suffering from this. Thousands have been discharged under DADT, what is happening to them?