On June 26, 2015, the Supreme Court held in Obergefell v. Hodges that the Fourteenth Amendment of the U.S. Constitution requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state. Accordingly, the Department of Veterans Affairs (VA) may now recognize all same-sex marriages without regard to a Veteran’s state of residence.
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VA offers a variety of benefits and services that depend upon a Veteran’s marital status, including certain benefits to a Veteran’s “spouse” or “surviving spouse.” VA will generally accept a claimant’s statement that he or she is married, but may investigate further if an assertion appears unreliable. This same procedure applies regardless whether the claimant is in an opposite-sex marriage or a same-sex marriage.
VA is dedicated to serving all eligible Servicemembers, Veterans and their families and providing them the benefits they have earned. We encourage all Veterans in same-sex marriages who believe they are entitled to benefits (including those whose claims were previously denied on a ground related to their marriage) to promptly apply for benefits.
Important: VA is in the process of updating all forms that request marital status and dependent information in order to clarify that same-sex married couples and their dependents are eligible for benefits, including by replacing references to “husband” or “wife” with “spouse” and providing appropriate references to children of same-sex marriages. In the interim, you may use existing forms to apply for benefits. If you have questions regarding how to fill out a form, please call 1-800-827-1000. If you have additional questions about how these recent changes regarding same-sex marriage may affect your claim for benefits, please refer to our frequently asked questions below.
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