UTSA flips decision on tuition for spouse

The University of Texas at San Antonio announced Friday evening that it would provide in-state tuition to the same-sex spouse of an Air Force captain and seek further legal guidance on how to handle such cases going forward.

The student said the university awarded her the lower tuition rate by providing a scholarship rather than changing university policy.

A week ago, the school had denied the anthropology doctoral student in-state tuition, which she assumed — though UTSA officials never confirmed — was because her marriage to the female active duty Air Force officer in Washington state is not recognized in Texas.

State and federal laws grant in-state tuition at public institutions to the spouses and dependents of military personnel. But federal law now defines spouses differently from the Texas Constitution in the wake of a U.S. Supreme Court decision in June that rejected parts of the Defense of Marriage Act.

The student, 28, has asked not to be identified for fear that publicity would affect her work as a midwife and the career of her wife, 29, stationed at Joint Base San Antonio-Lackland.

“After carefully reviewing this matter, it has been determined that the student will be charged resident tuition,” UTSA spokesman Joe Izbrand said in an email. “Our university is enriched through inclusiveness and diversity. We honor the service of our military personnel and recognize the sacrifices made by their families.”

The student said Friday that the university awarded her a $1,000 merit-based graduate anthropology scholarship, which qualified her for resident tuition.

She provided a copy of the letter from Page Smith, the associate dean of the UTSA graduate school, which said the award was “based on merit which was assessed on the basis of your undergraduate GPA, major and first semester matriculation to the program.”

A separate letter from Smith, also dated Friday, stated, “We regret any inconvenience to you and your family caused by our earlier determination, and wish you continued success as you pursue your studies at the University of Texas at San Antonio.”

The student began working on a doctorate in medical anthropology at UTSA this semester.

She's taking one course, which costs nonresident graduate students about $3,400 instead of the roughly $1,300 for a Texas resident, according to UTSA's website. She's also finishing prerequisites for a nursing degree at San Antonio College.

The student said she received in-state tuition at SAC without a problem. A SAC spokeswoman was not able to clarify that school's policy on Thursday.

An admissions official at UTSA told the student last week that her application for in-state tuition had hit a snag when she called to ask about it several weeks after filing it.

“She said, 'Is it your parent or your spouse that we're talking about?' I said, 'It's my spouse' and then she said, 'That is a problem. I need to talk to more people. I've never had this before.'”

The student said she asked the official how she knew about her same-sex marriage, surmising that was the problem, and the official said it was the spouse's name on the gender-neutral form.

While Friday's reversal “fixed my problem,” she said, “it didn't fix the problem” with the policy.

“I get to be excited that I don't have a financial burden, but the policy hasn't changed,” the student said. “If anybody else applies in the future, they are not necessarily protected.”

Legal experts said this week the conflict between state and federal definitions of marriage would likely produce more such cases, likely unable to be resolved except by eventual litigation.

Izbrand's statement said, “Because of the complexities involved and the potential conflict between the federal statute and state law, the university will seek additional legal guidance on this issue.”

The evolving definition of marriage and associated benefits is one of a number of legal and political flashpoints over gay rights that have seen sharp debate this year.

Locally, the San Antonio City Council was engulfed in controversy as it argued and adopted changes to the city's nondiscrimination ordinance to include protections for people based on their sexual orientation and gender identity.

jlloyd@express-news.net

Twitter: @jlloydster