News
Court rules against law barring gay couples from veterans benefits
Judge finds U.S. gov’t has no rational basis for withholding benefits from same-sex spouses

Tracey (left) & Maggie Cooper-Harris have sued to received veterans benefits that were denied under Title 38 (Blade file photo by Michael Key).
A federal district judge in California ruled on Thursday that enforcing Title 38 — the portion of U.S. code governing veterans benefits — to bar former troops in same-sex marriages from receiving spousal veterans benefits is unconstitutional.
U.S. District Judge Consuelo Marshall, a Carter appointee, grants summary judgment in favor of lesbian veteran plaintiff Tracey Cooper-Harris by determining the U.S. government lacks any rational basis in withholding these benefits. Marshall finds current law doesn’t advance gender equity or military purposes.
“Title 38 is not rationally related to the military’s commitment to caring for and providing for veterans benefits,” Marshall writes. “[T]he court permanently enjoins Defendants from relying on [Title 38] or Section 3 of [DOMA] to deny recognition of Plantiffs’ marriage recognized by the State of California.”
It wasn’t immediately clear Thursday night whether the ruling means the U.S. government is enjoined from blocking benefits for all gay married veterans or only the plaintiffs who filed suit in the case. However, the court declared the law unconstitutional, not just as applied to the plaintiffs.
Caren Short, staff attorney for the Southern Poverty Law Center, said Friday the decision applies “just to our clients Tracey and Maggie,” but believes the administration can implement the ruling on a nationwide basis.
“We’re hopeful that now that a federal court has declared these definition in Title 38 unconstitutional that the VA will be able take steps toward providing equal benefits now to everyone,” Short said.
Jon Davidson, legal director Lambda Legal, said whether the administration will apply the ruling only to plaintiffs or other gay veterans is yet to be seen.
“In most instances, DOJ takes the position that a district court ruling against a federal agency is not binding on the agency beyond the jurisdiction of the court issuing the ruling, but I do not know what DOJ will say here, if they do not appeal, as they may simply accede to the ruling on a nationwide basis,” Davidson said.
The Justice and Veterans Affairs departments didn’t immediately respond to a request to comment Friday morning on what their next steps will be as a result of the ruling.
The lawsuit, known as Cooper-Harris v. United States, was filed in February 2012 by the Southern Poverty Law Center on behalf of Tracey Cooper-Harris, a lesbian veteran of the Iraq and Afghanistan wars who was seeking veterans spousal benefits for her spouse, Maggie Cooper-Harris. Tracey was diagnosed with multiple sclerosis and later found it was connected to her service, but was unable to receive spousal disability benefits.
The Southern Poverty Law Center asked the court to overturn both Section 3 of the Defense of Marriage Act, which has since been overturned by the Supreme Court, and Title 38 with respect to its hold on spousal benefits for gay veterans on the basis that the laws violate due process under the Fifth Amendment.
In a statement provided by SPLC, Tracey Cooper-Harris expressed gratitude the court ruled in favor of granting veterans benefits that will benefit her and her spouse.
“Maggie and I have waited so long to receive the same benefits other married veterans and their spouses receive,” Tracey said. “We are overjoyed that the court has ended the federal government’s discrimination against gay and lesbian veterans and their spouses. Judge Marshall’s ruling confirms that the service of gay and lesbian veterans and the sacrifices of their spouses are valued equally in the eyes of the law.”
Even though the U.S. Supreme Court has struck down the Section 3 of DOMA, the U.S. government has still withheld veterans spousal benefits — such as disability and joint burial benefits — from veterans in same-sex marriages on the basis of Title 38. That law, which governs veterans benefits, defines spouse in opposite-sex terms independent of DOMA.
Just this week, the Washington Blade made public a letter from Secretary of Veterans Affairs Eric Shinseki stating that U.S. government is still withholding spousal benefits for veterans marriages. The letter says the department is still reviewing with the Justice Department whether the Obama administration can afford these benefits following the DOMA decision.
Stephen Peters, president of the LGBT group American Military Partners Association, commended the court for reaching the decision that Title 38 is unconstitutional.
“Title 38 clearly violated the constitutional rights of our military veteran families,” Peters said. “This decision sets our nation on a path to honoring and serving all of our veterans and their families, regardless of their sexual orientation.”
Doug NeJaime, who’s gay and law professor at University of California, Irvine, said the ruling is positive, but noted other statutes still exist barring veterans spousal benefits from flowing to same-sex couples.
“The ruling applies the reasoning of Windsor in a logical way and represents an important step forward on veterans benefits,” NeJaime said. “However, veterans benefits have traditionally not used a place of celebration rule, meaning that unlike in the general military context, same-sex couples would not automatically be eligible for benefits based on their marriage.”
It’s unclear how the case could proceed any further to higher court. U.S. Attorney General Eric Holder announced the Justice Department wouldn’t defend Title 38 against legal challenges that contest the law on the basis that it unfairly deprives same-sex couples of veterans benefits. The House Republican-led Bipartisan Legal Advisory Group, which had taken up defense of DOMA after the Obama administration stood down, withdrew as a party from the case in July.
SPLC’s Short she doesn’t believe anyone can appeal the case now that there are no opposing parties in the lawsuit.
“On the issue of Title 38’s constitutionality, it’s doesn’t appear that there will be anyone to appeal,” Short said. “The Department of Justice said that they also agreed that Title 38 is unconstitutional. They filed a brief in support of our motion for summary judgment, so it would be strange for them to appeal the ruling, which was essentially the outcome that they were advocating for. So on the issue of Title 38’s constitutionality, there isn’t likely to be an appeal.”
But Lambda’s Davidson said the Justice Department still may appeal the decision on the grounds that the federal district court in California doesn’t have jurisdiction to hear the case.
“While DOJ is not defending on the merits, it has been contesting whether the Title 38 challenge belongs in federal district court as opposed to the specialized administrative court that deals with VA benefit issues,” Davidson said. “The judge ruled against DOJ on that previously but and DOJ might appeal that issue at this point.”
District of Columbia
Police mental health struggles gain growing attention
‘My body begins to manifest physically, through depression, stress’
When Scott Silverii began his career as a police officer, he faced daily exposure to traumatic incidents with little guidance or support, particularly in distressed neighborhoods where officers were expected to respond decisively under pressure.
“When I started, the only thing they offered was to suck it up and get over it,” Silverii said. “Any indication that you were hurt meant that you were weak, and if you were weak, it meant you could not be trusted.”
Years later, when Silverii became a police chief, he chose a different approach. Rather than reinforcing silence around trauma, he made mental health support a visible part of his leadership.
“In every critical incident that we had, I would bring the critical incident stress debriefing team in — and I would participate in it,” Silverii said. “I wanted to promote it from the top. That’s what it’s going to continue to take to change the culture.”
Silverii’s experience reflects a broader reality in law enforcement. Across the country, police officers face ongoing mental health challenges linked to repeated exposure to violent crime scenes, fatal accidents, and human suffering — experiences that most civilians never encounter. Long shifts and the responsibility of protecting the public have long been documented to further intensify emotional strain, particularly when officers fear making mistakes with serious consequences.
Silverii, former Thibodaux, La., chief of police and current National Law Enforcement Initiative Manager at Mothers Against Drunk Driving (MADD), said coping mechanisms in the past were often unhealthy.
“A lot of officers, they would drink — sometimes prescription drug use, just different ways,” of coping, he said. Today, he said, the trauma can linger long after an incident: “…you become affected by the trauma. It doesn’t have to happen to you. But when officers respond to a crash, you’re involved… You carry this trauma.”
In some cases, he says, the impact resurfaces every year. “My body begins to manifest physically, through depression, through stress… once I realize it’s the anniversary, I can start dealing with it,” he said.
For decades, police culture discouraged officers from seeking mental health support, often treating emotional distress as a weakness rather than an occupational hazard. In recent years, however, departments have begun expanding access to counseling, peer-support programs, and crisis-intervention training.
In Baltimore, a shift in police culture is tackling the long-standing “shrug it off” mentality toward officer mental health. The Baltimore Police Department’s Officer Safety and Wellness Section, started in 2018, changed how the agency handles trauma, depression, and substance abuse by treating these issues as medical needs rather than disciplinary failures.
A core component of the program is its confidential alcohol addiction treatment, which has seen more than 250 officers voluntarily sign themselves in without fear of termination. This proactive approach has led to a dramatic drop in internal interventions — falling from 250 in 2018 to 48 in 2024 — alongside a decrease in citizen complaints and use-of-force incidents.
The need for such programs is underscored by national data from the Police1 2024 State of the Industry report, which found that 76% of officers cite a lack of time due to heavy workloads as the primary barrier to maintaining their health. More than 50% of respondents report that a significant stigma still surrounds seeking mental health services. Perhaps most telling — 12% of officers nationwide report having no access to mental health resources at all, and 33% have considered calling themselves out of service due to emotional distress or exhaustion.
Chris Asplen, executive director of the National Criminal Justice Association, is a former Washington prosecutor who handled child abuse and other high-stakes cases. He said the emotional weight of the work eventually led him to step away after becoming a parent.
“It became too mentally and emotionally difficult after I had my own child,” Asplen said.
Asplen said his understanding of trauma was also shaped in part by his upbringing. Raised by a parent who struggled with mental illness, he described growing up feeling overlooked. “My father’s mental health issues made me essentially invisible to him,” he said — an experience that later informed how he approached victims in the justice system.
Asplen also pointed to disparities in how mental health crises are handled. His family’s middle-class background, he said, afforded protections and support not available to many others. “Mental health issues for people who are not white and middle class are often treated as criminal matters,” he said.
Experts warn that when mental health challenges go unaddressed, they can affect officers’ judgment, job performance, and interactions with the public. In response, lawmakers and communities have begun exploring preventive approaches. In 2023, Congress passed the De-escalation Act, providing funding for training focused on crisis response, de-escalation, and officer wellness.
In addition to legislative efforts, some communities are turning to violence intervention programs aimed at reducing harm before police are required to respond. One such organization, Roca, was founded in Massachusetts in 1988 and has operated in Baltimore since 2018. According to the organization’s impact data, 87% of its participants have had no new incarcerations after entering the program for at least 24 months.
Police officers in Baltimore and several other cities have been trained by Roca’s nonprofit coaching arm, the Roca Impact Institute, to use cognitive behavioral therapy (CBT) to regulate their emotions and understand the impact of trauma on officers and community members. The training reduced stress, loss of temper and use of force incidents, according to the institute.
A 2024 report by the D.C. Office of the Attorney General showed the city’s violence intervention program’s efforts contributed to an 18% decrease in shootings and a 26% decrease in gun homicides across its target neighborhoods in 2023. Based on the national Cure Violence Global model, the programs treat violence as a public health epidemic through the use of what it calls “credible messengers” to de-escalate conflicts.
But a Washington Post investigation published Feb. 3 found excessive spending that City Administrator Kevin Donahue called a “completely inappropriate use of public money.” A week later, the publication reported that two DC violence interrupters were charged with murder in the death of a Baltimore man in a DC nightclub in 2023.
When done correctly, these programs can offer a secondary benefit by reducing the volume of high-stress calls handled by law enforcement. Advocates say such approaches can lessen the emotional toll on officers by preventing traumatic encounters altogether.
“If we can reduce the amount of trauma that occurs at the scene,” Asplen said, “then we’re a lot further along.”
(Carl Barbett is a senior at Bard High School Early College DC, one of Youthcast Media Group’s journalism class partners. This story was produced under the mentorship of Edith Mwangi, a Kenyan multimedia journalist based in D.C. with a background in international reporting and politics.)
South Carolina
Man faces first S.C. ‘hate intimidation’ charge
Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1
A South Carolina man remains in custody on a more than $300,000 bond after he allegedly opened fire at a Myrtle Beach nightclub on April 1, according to WMBF.
Reports say 37-year-old Timothy James Truett Jr., of Clover, S.C., was detained by the Myrtle Beach Police Department after the April 1 incident outside Pulse Ultra Club. He was later arrested and charged with possession of a weapon during a violent crime, discharging a firearm into a dwelling, discharging a firearm within city limits, malicious injury to real property valued over $5,000, and assault or intimidation due to political opinions or the exercise of civil rights.
At 10:57 a.m. on April 1, officers responded to a call about a possible shooting at Pulse Ultra Club, located in the 2700 block of South Kings Highway.
In an affidavit released later, the club’s owner, Ken Phillips, said he was doing paperwork that morning when he heard “five or six” gunshots. He went outside and found a window and the windshield of his SUV shattered by bullets. An SUV with blue plastic covering one window was left at the scene.
Police later reviewed footage that showed a silver vehicle stopping in the middle of the road. The video appeared to capture muzzle flashes coming from the passenger-side window.
According to the affidavit, an officer later pulled over a vehicle driven by Truett and found spent shell casings in the back seat, along with a gun.
Documents do not detail why Truett was ultimately charged under the state law covering assault or intimidation tied to political opinions or the exercise of civil rights.
As of April 1, records show Truett is being held in Horry County on a combined bond of more than $312,000.
WMBF spoke with Phillips after the incident and asked whether there was any prior conflict that might have led to the shooting.
“I don’t know if it’s personal, I don’t know if it’s related to being gay, I don’t know if it’s related to the bar issues,” Phillips told WMBF. “Anybody with a mindset of pulling out a weapon in broad daylight is not right.”
“My primary concern has and always will be the safety of my community and my customers,” he added. “It’s given me great concern … as to how far people will go.”
WMBF also spoke with Adam Hayes, vice chair of Myrtle Beach’s Human Rights Coalition, who was involved in pushing for the ordinance. He said that while the incident itself is troubling, it shows the policy is being put to use.
The ordinance is intended to deter “crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived” identity, in the absence of a statewide hate crime law.
“It’s nice to see that something we put into policy is not just a piece of paper, that it’s actually being used,” said Hayes.
He said the shooting underscores the need for a statewide hate crime law in South Carolina and added that the incident has left the local LGBTQ community shaken.
South Carolina and Wyoming are the only two states in the U.S. without a comprehensive statewide hate crime law.
Truett remains in jail as of publication.
The White House
Trump budget would codify expanded global gag rule
Funding for LGBTQ health programs around the world would also be cut
The Trump-Vance administration’s fiscal year 2027 budget would codify the expanded global gag rule and eliminate funding for LGBTQ-specific programs in global health initiatives.
“The budget would ensure no funding supports abortion, unfettered access to birth control, and also eliminates funding for circumcision and lesbian, gay, bisexual, transgender, and queer services to better focus funds on life-saving assistance,” reads the proposed budget the White House released on April 3. “The United States should not pay for the world’s birth control and therapy.”
The proposed budget includes four examples of “eliminated activities.”
- In the last administration, PEPFAR funded health workers who performed over 21 abortions in Mozambique
- Promoting reproductive health education and access to birth control and other harmful programs couched under ‘family planning’ in Ghana
- A supply chain “control tower” to provide a “holistic commercial of the shelf solution” on the Office of Population and Reproductive Health (PRH)
- Promoting health equity and providing condoms and contraception in Kenya.
President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.
Trump reinstated the rule during his first administration. The Biden-Harris administration shortly after it took office in January 2021 rescinded it.
The Trump-Vance White House earlier this year expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” The expansion took effect on Feb. 26.
US funding cuts have devastated global LGBTQ rights movement
The Trump-Vance administration after it took office in January 2025 moved to dismantle the U.S. Agency for International Development, which funded LGBTQ and intersex rights groups around the world. USAID officially shut down on July 1, 2025.
Secretary of State Marco Rubio in March 2025 announced the State Department would administer the 17 percent of USAID contracts that had not been cancelled. Rubio issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the U.S. foreign aid freeze the White House announced shortly after it took office.
The global LGBTQ and intersex rights movement has lost more than an estimated $50 million in funding because of these cuts. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down.
The Trump-Vance administration has signed healthcare-specific agreements with Kenya, Uganda, and other African countries through its American First Global Health Strategy. Advocacy groups with whom the Blade has spoken have expressed concern these partnerships will result in further exclusion and government-sanctioned discrimination based on sexual orientation or gender identity.
The proposed fiscal year 2027 budget includes $5.1 billion for “global health to end the previous administration’s abuse of these programs and to execute (the State Department’s) newly released America First Global Health Strategy.” This figure represents a $4.3 billion cut from the previous year.
“The president’s new vision of bilateral health assistance eliminates bloated Beltway Bandit contracts, does more with fewer dollars, and transitions recipient countries to self-reliance,” reads the proposed budget. “The budget would also eliminate disease-specific accounts and provide the department crucial agility to address the actual needs of each recipient country — across HIV/AIDS and other infectious diseases such as malaria, tuberculosis, and polio — to strengthen global health security and protect Americans from disease.”
“The budget would focus on new compacts that unify funding, achieving economies of scale in both implementation and oversight,” it adds. “Under the prior administration, only about 40 percent of PEPFAR funds supported actual service delivery, including medications, testing, commodities, and health workers, with the remaining 60 percent wasted on duplicative administrative costs, unwieldy supply chains, and layers of endless bureaucracy. The new AFGHS (America First Global Health Strategy) compacts would improve efficiency, cut red tape, and dismantle the bloated ecosystem of foreign assistance profiteers.”
The Council for Global Equality on April 3 reiterated its criticism of the expanded global gag rule, and urged Congress to reject the proposed budget.
“We won’t mince words: people are dying because of this policy,” said the Council for Global Equality in a statement. “Making this policy permanent will only ensure that U.S. foreign assistance discriminates against those who need services the most, all while forcing people around the world to adhere to the Trump administration’s extremist, ideological agenda that denies the very existence of transgender, nonbinary, and intersex persons.”
“We will not be silent as Trump threatens to upend decades of bipartisan foreign assistance programs to appease his extremist base,” added the group. “We call on Congress to immediately reject this budget and block implementation of the expanded global gag rules.”
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