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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

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Tracey (left) & Maggie Cooper-Harris have sued to received veterans benefits that were denied under Title 38 (Blade file photo by Michael Key).

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.”

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Egypt

Iran, Egypt object to playing in Seattle World Cup ‘Pride Match’

Game to take place on June 26

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(Photo by fifg/Bigstock)

Iran and Egypt have objected to playing in a “Pride Match” that will take place in Seattle during the 2026 World Cup.

The Egyptian Football Association on Tuesday said it told FIFA Secretary General Mattias Grafström in a letter that “it categorically rejects holding any activities related to supporting (homosexuality) during the match between the Egyptian national team and Iran, scheduled to be held in Seattle, USA, on June 26, 2026, in the third round of the group stage of the 2026 World Cup.” Football Federation Islamic Republic of Iran President Mehdi Taj told ISNA, a semi-official Iranian news agency that both his country and Egypt “protested this issue.”

The 2026 World Cup will take place in the U.S., Canada, and Mexico. The draw took place at the Kennedy Center on Dec. 5.

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.

The State Department’s 2023 human rights report notes that while Egyptian law “did not explicitly criminalize consensual same-sex sexual activity, authorities regularly arrested and prosecuted LGBTQI+ persons on charges including ‘debauchery,’ prostitution, and ‘violating family values.’” Egyptian authorities “also reportedly prosecuted LGBTQI+ individuals for ‘misuse of social media.’”

“This resulted in de facto criminalization of same-sex conduct and identity,” notes the report.

The 2024 human rights report the State Department released earlier this year did not include LGBTQ-specific references.

Soccer has ‘unique power to unite people across borders, cultures, and beliefs’

The June 26 match between Iran and Egypt coincides with Seattle Pride. The Washington Post reported the Seattle FIFA World Cup 2026 Local Organizing Committee decided to hold the “Pride Match” before last week’s draw.

“As the Local Organizing Committee, SeattleFWC26’s role is to prepare our city to host the matches and manage the city experience outside of Seattle Stadium,” said SeattleFWC26 Vice President of Communications Hana Tadesse in a statement the committee sent to the Washington Blade on Wednesday. “SeattleFWC26 is moving forward as planned with our community programming outside the stadium during Pride weekend and throughout the tournament, partnering with LGBTQ+ leaders, artists, and business owners to elevate existing Pride celebrations across Washington.”

“Football has a unique power to unite people across borders, cultures, and beliefs,” added Tadeese. “The Pacific Northwest is home to one of the nation’s largest Iranian-American communities, a thriving Egyptian diaspora, and rich communities representing all nations we’re hosting in Seattle. We’re committed to ensuring all residents and visitors experience the warmth, respect, and dignity that defines our region.”

The 2034 World Cup will take place in Saudi Arabia.

Consensual same-sex sexual relations remain punishable by death in the country. The 2022 World Cup took place in neighboring Qatar, despite concerns over the country’s anti-LGBTQ rights record.

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Congress

Markey reintroduces International Human Rights Act in Senate

Bill would require US to promote LGBTQ, intersex rights abroad

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The Progress Pride flag flies in front of the U.S. Embassy in Berlin on July 22, 2022. (Washington Blade photo by Michael K. Lavers)

U.S. Sen. Edward Markey (D-Mass.) on Wednesday reintroduced a bill that would require the State Department to promote LGBTQ and intersex rights abroad.

A press release the Massachusetts Democrat released notes the International Human Rights Act would “direct the State Department to monitor and respond to violence against LGBTQ+ people worldwide, while creating a comprehensive plan to combat discrimination, criminalization, and hate-motivated attacks against LGBTQ+ communities.” The bill would also “formally establish a special envoy to coordinate LGBTQ+ policies across the State Department; a role that has been left vacant under the Trump administration.”

Gay California Congressman Robert Garcia introduced the International Human Rights Act in the U.S. House of Representatives last month.

Markey has previously introduced the bill in the U.S. Senate. He reintroduced it on International Human Rights Day, which commemorates the U.N. General Assembly’s ratification of the Universal Declaration of Human Rights on Dec. 10, 1948.

“Today, on International Human Rights Day, we must recommit the United States to the defense of human rights and the promotion of equality and justice around the world,” said Markey in the press release. “It is as important as ever that we stand up and protect LGBTQ+ individuals from the Trump administration’s cruel attempts to further marginalize this community.”

“I am proud to reintroduce the International Human Rights Defense Act and I am proud to continue to fight alongside LGBTQ+ individuals for a world that recognizes that LGBTQ+ rights are human rights,” he added.

Mark Bromley, co-chair of the Council for Global Equality, in the press release that Markey issued said the Trump-Vance administration “is fanning the flames of authoritarianism” at “a time when LGBTQI+ people around the world are facing backlash simply for who they are or whom they love.” Bromley specifically noted the State Department “has deleted reporting on the human rights of LGBTQI+ persons — despite bipartisan reporting dating back three decades — and sought to undercut universal human rights on the world stage.”

“The International Human Rights Defense Act is a clear rebuke of this attempt to erase our lives,” said Bromley. “We are grateful for the leadership of Sen. Markey and his unwavering commitment to equality around the world.”

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Spain

Victory Institute honors transgender Spanish senator in D.C.

Carla Antonelli describes Trump policies as ‘absolutely terrifying’

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Spanish Sen. Carla Antonelli, speaks at the International LGBTQ+ Leaders Conference in D.C. on Dec. 5, 2025. (Washington Blade photo by Michael Key)

The LGBTQ+ Victory Institute on Dec. 5 inducted Spanish Sen. Carla Antonelli into its LGBTQ+ Political Hall of Fame.

Antonelli in 2011 became the first openly transgender woman elected to a regional legislative office in Spain when she won a seat in the Madrid Assembly.

She left Prime Minister Pedro Sánchez’s leftist Spanish Socialist Workers’ Party in 2022. Antonelli in 2023 became the first openly trans woman in the Spanish Senate when Más Madrid, a progressive regional party, named her Pablo Gómez Perpinyà’s successor in the chamber.

The Hall of Fame induction took place during the Victory Institute’s annual International LGBTQ+ Leaders Conference at the JW Marriott Hotel in downtown D.C. The Washington Blade spoke with Antonelli on Dec. 6.

“We are living in rather turbulent times, hence the importance and necessity of gatherings like this one … to unite in these times, come together, and develop common strategies and policies.”

Antonelli, 66, grew up in Güímar, a municipality on the island of Tenerife in Spain’s Canary Islands.

She said transphobia forced her to leave her hometown in 1977, and she turned to sex work to support herself. Antonelli’s political activism began that year when she joined the campaign against a 1970 law that criminalized consensual same-sex sexual acts and LGBTQ people.

General Francisco Franco, whose regime governed the country from 1936-1975, approved the Law on Social Danger and Rehabilitation. Spain in 1995 removed the statute’s remaining provisions from its penal code.

Antonelli in the 1980s became a well-known actress. She is also a former spokesperson for Federación Estatal de Lesbianas, Gays, Transexuales y Bisexuales, a Spanish LGBTQ advocacy group known by the acronym FELGTB.

‘We will not go back to the margins’

Antonelli in February gave an impassioned speech in support of trans rights on the Senate floor.

She specifically singled out members of Vox, a far-right political party, over their efforts to repeal a landmark 2023 law that allows people who are at least 16 to legally change their gender without medical intervention. Antonelli’s speech — and her proclamation that “we will not go back to the margins” — quickly went viral.

Antonelli told the Blade she received messages of support from people in Algeria, Australia, Turkey, Mauritius, and elsewhere around the world. She added her speech was “the conclusion of everything I can feel at any given moment, also the pride of having lived through all these historical processes.”

“For whatever reason, I was born in ’59, and I lived through the dictatorship in my country,” said Antonelli. “I lived through the dictator’s death and I lived through what Spain was like exactly 50 years ago. It began to walk in freedom, and so freedom must be defended.”

Antonelli feared US would not allow her into the country

The Victory Institute conference took place less than a year after the Trump-Vance administration took office.

Antonelli in June traveled to D.C. and participated in WorldPride 2025. She admitted the White House’s anti-trans policies left her wondering whether the U.S. would allow her into the country as a trans woman.

The White House only recognizes two genders: male and female.

President Donald Trump after he took office signed an executive order that bans the State Department from issuing passports with “X” gender markers. U.S. Citizenship and Immigration Services in August announced it will ensure “male aliens seeking immigration benefits aren’t coming to the U.S. to participate in women’s sports.”

Spain is among the countries that have issued advisories for trans and nonbinary people who are planning to visit the U.S.

“This speaks volumes about the policies of intimidation and targeting they’re implementing, policies that have made trans people scapegoats for all of humanity’s ills,” Antonelli told the Blade.

“In the United States, now with Trump, it’s absolutely terrifying because we’re talking about not just taking away a right, they’re going against our lives, against our very existence,” she added.

Antonelli in June met U.S. Rep. Sarah McBride (D-Del.), the first openly trans woman elected to Congress. Antonelli told the Blade she “watched with sorrow” how U.S. Rep. Nancy Mace (R-S.C.) and other Republicans treated the Delaware Democrat after her historic 2024 election.

“The first thing some vengeful scoundrels, thirsty for evil, do is prohibit her from entering the women’s restrooms,” said Antonelli.

“It’s nothing more than a desire to humiliate, to degrade,” she added. “Behind many of these policies lies a desire to do harm. In other words, these are bad people, evil people whose principles aren’t an ideology. They revel in it. They enjoy thinking about how they are making other human beings suffer.”

Antonelli also stressed “visibility” is “freedom.”

“The more they try to erase us, the more we have to be visible,” she said. “They know perfectly well that visibility inevitably leads to normality, to normalization, which is nothing more than what is repeated daily, routinely. What’s normal is what you see every day, so they’re trying to prevent us from being visible in every way possible, because what they don’t want is for society to accept, to live with this truth.”

Antonelli also offered advice for trans people who want to run for office.

“Always be upfront,” she said. “Don’t hold back, but above all, don’t forget where you come from. Because you might be lucky enough to rise and become a representative of the people, but don’t forget your origins.”

Antonelli noted she is the Más Madrid spokesperson for health, equality, culture, and other issues, but added she “will never, never, never abandon my trans sisters and the LGBTQ+ community.”

“I never severed times with my roots,” Antonelli told the Blade. “My roots are a conservative family, a town I had to flee and to which I didn’t return until 32 years later. My future, my past, is a street corner. My past is being able to make that journey in a democracy and go from that street corner to a seat in the Madrid Assembly and then from there to a seat in the Senate. And that is precisely the greatness of democracy.”

She ended the interview by a quote she gave to El País, a Spanish newspaper.

“Those who used to call us faggots have to now call us ‘your honors,’” said Antonelli.

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