HOUSE DOCKET, NO. 836        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 970

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Carl M. Sciortino, Jr.

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to veterans' benefits equity.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Carl M. Sciortino, Jr.

34th Middlesex

2/4/2011

Ruth B. Balser

12th Middlesex

2/1/2011

Timothy J. Toomey, Jr.

26th Middlesex

2/3/2011

Peter V. Kocot

1st Hampshire

2/3/2011

Thomas M. Stanley

9th Middlesex

2/3/2011

Elizabeth A. Malia

11th Suffolk

2/3/2011

Jason M. Lewis

31st Middlesex

2/3/2011

Denise Provost

27th Middlesex

2/3/2011

James B. Eldridge

 

2/3/2011

Cory Atkins

14th Middlesex

2/3/2011

Denise Andrews

2nd Franklin

2/4/2011

Benjamin Swan

11th Hampden

2/4/2011


HOUSE DOCKET, NO. 836        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 970

By Mr. Sciortino of Medford, a petition (accompanied by bill, House, No. 970) of Carl M. Sciortino, Jr. and others relative to veterans' benefits equity for persons discharged from the military based on certain consensual conduct.  Veterans and Federal Affairs.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3399 OF 2009-2010.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to veterans' benefits equity.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Whereas, the Commonwealth of Massachusetts honors the service of its veterans, and

Whereas, veterans receive specific state-funded benefits and protections under Massachusetts General Laws, and;

Whereas, Massachusetts prohibits discrimination based upon a person’s sexual orientation, and;

Whereas, the Constitution of the Commonwealth recognizes the right of same-sex couples to marry, and;

Whereas, the Federal government has prohibitions for those serving in the armed forces against homosexual conduct and considers the marriage of persons of the same sex grounds sufficient for discharge, and;

Whereas, all veterans in the Commonwealth deserve the same rights and benefits regardless of sexual orientation or marriage status,

Therefore,

SECTION 2. Section 7 of Chapter 4 of the Massachusetts General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting at the end of Clause 43 the following-

“(4) Nothing in this clause shall be construed to deny benefits to anyone discharged solely under Article 125 of the Uniform Code of Military Justice when such discharge was the result of consensual behavior between legal adult persons; or anyone discharged solely under Chapter 37 of Title 10 of the US Code, Section 654.  Nor shall anything in this clause be construed to deny benefits to a same-sex spouse or beneficiary of a veteran. 

The Department of Veterans’ Services shall promulgate regulations as necessary to ensure veterans discharged under the above mentioned codes, and/or same-sex spouses of veterans, may appeal their eligibility status for Chapter 115 benefits that they would otherwise be entitled to under Massachusetts General Laws and regulations.

Any veteran and/or same-sex spouse of a veteran, whose discharge is determined to be the result of consensual behavior between legal adult persons, or anyone discharged solely under Chapter 37 of Title 10 of the US Code, Section 654, shall be eligible for and receive benefits under this section.”