LAS VEGAS — The gay advocacy group that successfully lobbied to repeal the military’s “don’t ask, don’t tell” policy plans to file a lawsuit in federal court by the end of October that would challenge the constitutionality of federal laws that make married same-sex couples ineligible for the same benefits as their straight counterparts.
The Servicemembers Legal Defense Network will argue that the federal Defense of Marriage Act violates the Fifth Amendment right to due process, in what the group says will be the first case of its kind. “That has never been done before,” Aubrey Sarvis, executive director of SLDN, told The Huffington Post.
http://www.huffingtonpost.com/2011/10/17/gay-military-benefits-sldn_n_1011874.html