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.”
Kazakhstan
Kazakh Senate approves anti-LGBTQ propaganda bill
Measure ‘would undermine fundamental rights guaranteed under’ constitution
The Kazakh Senate on Thursday approved a bill that would ban so-called LGBTQ propaganda in the country.
Members of Kazakhstan’s lower house of parliament last month unanimously approved the measure that would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.” Senators earlier this month delayed a vote on the bill.
President Kassym-Jomart Tokayev has indicated he would sign it.
“If enacted, these provisions would undermine fundamental rights guaranteed under Kazakhstan’s Constitution, particularly the principle of equality and non-discrimination, by directly targeting and stigmatizing LGBTI people and anyone perceived to support them,” said ILGA-Europe in a statement after Thursday’s vote.
Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China. Russia, Georgia, and Hungary are among the other countries with anti-LGBTQ propaganda laws.
District of Columbia
Brian Footer suspends campaign for Ward 1 D.C. Council seat
Race’s third LGBTQ candidate cites family reasons for ‘stepping back’
Gay Advisory Neighborhood Commissioner Brian Footer, who was one of three out LGBTQ candidates running for the open Ward 1 D.C. Council seat in the city’s June 16, 2026, Democratic primary, announced on Dec. 17 he has decided to “suspend” his campaign to focus on his family.
“After deep reflection and honest conversations with my family, I have decided to suspend my campaign for the D.C. Council,” he said in a statement. “This moment in my life requires me to be present with the people I love most and honor the responsibilities I carry both at home and in the community,” he states. “This was not an easy decision, but it is the right one for me and my family at this time.”
Footer, a longtime Ward 1 community activist and LGBTQ rights advocate, announced his candidacy for the Ward 1 Council seat in July, one month before bisexual Ward 1 community activist Aparna Raj announced her candidacy for the Council seat on Aug. 12.
Gay Ward 1 Advisory Neighborhood Commissioner Miguel Trindade Deramo announced his candidacy for the Ward 1 Council seat on Nov. 18, becoming the third out LGBTQ candidate in what appeared to be an unprecedented development for a race for a single D.C. Council seat.
At least three other candidates who are not LGBTQ are running for the Ward 1 Council seat. They include Ward 1 ANC member Rashida Brown, longtime Ward 1 community activist Terry Lynch, and Jackie Reyes-Yanes, the former director of the Mayor’s Office of Community Affairs.
In his statement announcing the suspension of his candidacy, Footer said he would continue to be involved in community affairs and advocate for the issues he discussed during his campaign.
“I want to be clear: I am stepping back from the race, not the work,” he says in his statement. “Public service has always been my calling. I will continue advocating for affordability, for safer streets, for stability for small businesses, and for a government that responds to people with urgency and respect,” he wrote. “And I will continue showing up as a partner in the work of building a stronger Ward 1.”
Footer concluded by thanking and praising his campaign supporters and calling his campaign suspension a “transition,” suggesting he is not likely to resume his candidacy.
His campaign press spokesperson did not immediately respond to a question from the Washington Blade asking if Footer might later resume his campaign or if his latest action was in effect an end to his candidacy.
“To everyone who knocked on doors, hosted conversations, donated, shared encouragement, and believed in this campaign, thank you,” he says in his statement. “I am deeply grateful for every person who helped this campaign take root,” he added. “This isn’t an ending, it’s a transition. And I’m excited for the work ahead, both in Ward 1 and at home with my family.”
Longtime gay D.C. Democratic Party activist Peter Rosenstein said in a statement to the Blade, “I respect Brian Footer’s decision to end his campaign for Council. It is not easy to run a campaign in D.C. and there are many others running in Ward 1.” He added, “While not living in Ward 1, I thank Brian for all he has done and clearly will continue to do for the people in the ward.”
Politics
LGBTQ Democrats say they’re ready to fight to win in 2026
DNC winter meetings took place last weekend in Los Angeles
The Democratic National Committee held its annual winter meetings in Downtown Los Angeles over the weekend, and queer Democrats showed up with a clear message for the national organization: don’t abandon queer and transgender people.
Following last year’s disastrous presidential and congressional elections, many influential pundits and some powerful lawmakers called on Democrats to distance the party from unpopular positions on trans rights, in order to win swing districts by wooing more conservative voters.
But members of the DNC’s LGBTQ Caucus say that’s actually a losing strategy.
“There are still parts of our party saying we need to abandon trans people in order to win elections, which is just not provable, actually. It’s just some feelings from some old consultants in DC,” LGBTQ Caucus Chair Sean Meloy says.
Some national Democrats are already backtracking from suggestions that they walk back on trans rights.
California Gov. Gavin Newsom grabbed national attention in March when he suggested that it was “deeply unfair” for trans girls to play in women’s sports. But last week, he doubled down on support for trans rights, claiming to have signed more trans-rights legislation than any governor in the country, and entering into feuds on X with Elon Musk and Nicki Minaj over his support for trans kids.
Democrats are also clearly feeling the wind in their sails recently after major election victories in Virginia and New Jersey last month, as well as victories in dozens of local and state legislative elections across the country in 2025.
“[Abigail] Spanberger in Virginia didn’t win by dodging the trans question. She won by attacking it, confronting it, and that’s how she got ahead,” says Vivian Smotherman, a trans activist and at-large member of the DNC’s LGBTQ Caucus.
“Trans people are not a problem. We are a resource,” Smotherman says. “For my community, surviving into adulthood is not a guarantee, it’s an accomplishment. You don’t walk through a survival gauntlet without learning things … I’m not begging the DNC to protect my community. I’m here to remind you that we are the warriors tempered by fire, and we are fully capable of helping this party win.”
At its own meeting on Friday, the LGBTQ Caucus announced several new initiatives to ensure that queer and trans issues stay top of mind for the DNC as it gears up for the midterm elections next year.
One plan is to formalize the DNC’s Trans Advisory Board as distinct from the LGBTQ Caucus, to help introduce candidates across the country to trans people and trans issues.
“One in three people in this country know a trans person. Two-thirds of Americans don’t think they do,” Smotherman says. “So the real problem is not being trans, it’s that you don’t know us. You cannot authentically support a trans person if you’ve never met one.
“That’s why my first goal with this Trans Advisory Board is to host a monthly Meet a Trans Person webinar. Not as a spectacle, as a debate, but as a human connection, and I will be charging every state chair with asking every one of their candidates up and down the board if they know a trans person. And if that person doesn’t know a trans person, I’m gonna have that state chair put them on that webinar.”
The LGBTQ caucus is also opening up associate membership to allies who do not identify as LGBTQ, in order to broaden support and connections over queer issues.
It’s also preparing for the inevitable attacks Republicans will throw at queer candidates and supporters of LGBTQ issues.
“These attacks are going to come. You have to budget money proactively. You have to be ready to fight,” Meloy says. “There are some local party chairs who don’t want to recruit LGBTQ candidates to run because these issues might come up, right? That’s an absolutely ludicrous statement, but there are still people who need support in how to be ready and how to respond to these things that inevitably come.”
“The oldest joke is that Democrats don’t have a spine. And when they come after us, and we do not reply, we play right into that.”
Meloy also alluded to anti-LGBTQ tropes that queer people are out to harm children, and said that Democrats should be prepared to make the case that it’s actually Republicans who are protecting child abusers – for example, by suppressing the Epstein files.
“They are weak on this issue. Take the fight, empower your parties to say, ‘These people have nothing to stand on,’” Meloy says.
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