Is a civil union recognized in military benefits?
Civil unions are recognized in California, but the extent to which military benefits will be recognized depends on several factors. In general, civil unions are recognized for some federal benefits based on the Defense of Marriage Act (DOMA), which defines marriage as between a man and a woman. Under DOMA, a civil union is not recognized for military benefits. However, the Department of Defense has issued a policy known as "DOD Instruction 1300.28," jointly issued by the Departments of Defense and Veterans Affairs. This policy states that the military must recognize civil union partners as qualified dependents for military benefits and entitlements. Civil union partners must show proof of the legal relationship, such as a civil union certificate, in order to be eligible for such benefits. In addition, the Supreme Court ruling that invalidated Section 3 of the Defense of Marriage Act (DOMA) in 2013 provides further protection to same-sex couples who are in a civil union. This ruling enables them to access all federal benefits that would be available to couples in a legally recognized marriage. Therefore, while civil unions are not technically recognized for military benefits under the Defense of Marriage Act, the Department of Defense and Supreme Court rulings have extended some rights and entitlements to same-sex couples in a civil union.
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