Sen. Warner seeks end to loan policies that discriminate against same-sex couples

A same-sex couple’s inability to get a veterans’ home loan in Virginia has prompted U.S. Sen. Mark Warner (D-VA) to ask the Obama administration to move more quickly to eliminate discrimination in federal programs.  The case involves a Navy veteran and his nonmilitary spouse who applied for a veterans’ home loan but were denied equal benefits because the U.S. Department of Veterans Affairs (VA) will not count the nonveteran spouse’s income. Sen. Warner did not publicly identify the couple, but he said both currently work for the federal government and reside in Fairfax County.

The couple was married in Maryland, a state that permits same-sex marriage, one month after last year’s U.S. Supreme Court ruling allowed same-sex marriages to be recognized under federal law. The Va underwrites loans submitted by lenders, and it failed to fully insure the requested loan just weeks before the scheduled closing date on their home loan. VA’s decision will result in significantly higher monthly mortgage loan payments for the Virginia couple.

In his letter to President Obama, Sen. Warner said the discrimination faced by the Virginia couple “is unacceptable.” Discrimination in Va home loans could be eliminated if the Obama administration would base the legality of a marriage in the state where it occurred rather than in their current state of residence, Sen. Warner said.

“This discriminatory treatment in Va loans disrespects our service members, military veterans and their families,” Sen. Warner wrote. “Your administration announced last September that it would work to eliminate problems for same-sex couples by suspending Justice Department enforcement of federal laws that appear to discriminate. I strongly believe that Va loan eligibility should be based on whether a couple is legally married, and not on whether their marriage is legally recognized where they reside when submitting the loan application.”

Sen. Warner has a record of fighting against discrimination for all Virginians. As Governor, he acted in 2002 to rescind a Virginia Housing Development Authority lending policy that discriminated against same-sex applicants. He also was the first Virginia Governor to ban state employment discrimination based on orientation. As a U.S. Senator, he voted to end the military’s discriminatory “don’t ask, don’t tell” policy, and he supported last year’s successful legal efforts on behalf of marriage equality.

A copy of Sen. Warner’s letter is available here.