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Lesbian veteran seeks spousal benefits in lawsuit

Plaintiff served 12 years in Iraq, Afghanistan

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Tracey (left) & Maggie Cooper-Harris (Blade photo by Michael Key)

An organization dedicated to fighting hate and bigotry on Wednesday filed a lawsuit in federal court aimed at winning benefits for a disabled Army veteran and her same-sex spouse.

The lawsuit, known asĀ Cooper Harris v. United States, wasĀ filed by the Southern Poverty Law Center against the U.S. government and isĀ pending before the U.S. District Court of Central District of California.Ā Wilmer, Cutler, Pickering, Hale, & Dorr is assisting with the case on a pro-bono basis.

Tracey Cooper-Harris, the named plaintiff in the lawsuit, criticized the current law, which prevents her and her spouse Maggie from receiving spousal benefits that flow to veterans in opposite-sex marriages.

“We’re only asking for the same benefits as other married couples,” Tracey said. “We simply want the same peace of mind that these benefits bring to the families of other disabled veterans. And that is why we filed a federal lawsuit challenging this policy. No family should have to go through what we’ve had to experience, and our nation shouldn’t allow the Defense of Marriage Act to deny the last wishes of our veterans, but it is happening.”

Tracey served for 12 years in support of military operations in Afghanistan and Iraq and received more than two dozen medals and commendations before being honorably discharged in 2003. In 2008, she married Maggie in California before Proposition 8 took away marriage rights for gay couples in that state.

After being diagnosed in 2010 with multiple sclerosis, which the Department of Veterans Affairs has determined is connected to her military service, Tracey began receiving disability benefits as a veteran. However, she’s unable to receive spousal benefits that she would otherwise be entitled to if she were in an opposite-sex marriage.

Among the veterans benefits that are denied toĀ the couple are disability benefits the Department of Veterans Affairs extends to veterans in opposite-sex marriages meant to ensure the financial stability of spouses. The couple also won’t be permitted to be buried together in a national veterans cemetery.

The lawsuit seeks to strike down Title 38, which denies partner benefits to veterans if they’re married to someone of the same-sex, and the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage. SPLC contends the laws are unconstitutional on the basis that they violate the equal protection clause of the Fifth Amendment.

Joseph Levin, SPLC’s co-founder, said during the news conference that the lawsuit has parallels to another lawsuit his organization fought and won in the 1970s on behalf ofĀ Air Force Lt. Sharron Frontiero.

As a result of the lawsuit, known as Frontiero v. Richardson,Ā the U.S. Supreme Court ruled that female veterans should have the same access to benefits as their male counterparts. Levin said the discrimination faced at that time is similar to that faced by the plaintiffs now.

“These men and women made the same and endured the same sacrifices as other members of the military, yet this policy devalues their service, commitment and sacrifice,” Levin said.

Frontiero, who was also present at the news conference, said the lawsuit on behalf ofĀ Cooper-Harris is “a logical extension of the case” filed 40 years ago.

“Tracey is fighting the same battle I fought, which is not to have our work deemed second rate or second best,” Frontiero said. “We serve like everybody else, and we deserve what everybody else is getting.”

Levin said after SPLC won the Frontiero case in 1970s, Congress changed the statutes related to military benefits to define spouse as a person of the opposite-sex to ensure female veterans would have access to spousal benefits.

“I never dreamed that statutes we helped change would be used to discriminate against the LGBT community,” Levin said.

Christine Sun, SPLC’s deputy legal director, emphasized the unfairness that Tracey and Maggie face under current law.

“Refusing to grant these benefits to Tracey and Maggie solely because of their sexual orientation is unpatriotic and un-American,” Sun said. “The unfortunate fact is that our nation is not serving our gay and lesbian service members as well as they served us.”

In a response to a question from the Washington Blade, Sun said she couldn’t predict when the district court would make a decision in the case; the soonest the case would come to the U.S. Supreme Court is three or four years.

Neither the Justice Department nor the Department of Veterans Affairs responded on short notice to the Washington Blade’s request for comment on the litigation. In February, the White House announced the Obama administration would no longer defend the Defense of Marriage Act in court.

The litigation is similar to a case that the Servicemembers Legal Defense Network filed at the start of the year known as McLaughlin v. United States, which also seeks to overturn DOMA on the basis that it bars federal benefits from flowing to LGBT military families.

Aubrey Sarvis, SLDN’s executive director, said in a statement his organization welcomes to the SPLC lawsuit and looks forward to coordinating efforts going forward.

“We have worked with the plaintiff, Tracey Cooper-Harris, in the past, andĀ we believe that her case is compelling,” Sarvis said. “This filing todayĀ advances the cause of equality for gay and lesbian service members and veterans.”

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Anti-LGBTQ Franklin Graham to give invocation at Trumpā€™s inauguration

Evangelical leader also delivered address in 2017

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Franklin Graham speaks at the 2024 Republican National Convention. (Washington Blade photo by Michael Key)

Anti-LGBTQ evangelist Franklin Graham will deliver the invocation for President-elect Donald Trumpā€™s inauguration on Monday, Jan. 20, according to a copy of the program that was circulated on X.

Graham, who serves as president and CEO of Samaritanā€™s Purse, the evangelical Christian humanitarian aid organization, and of the Billy Graham Evangelistic Association, which was named for his late father, offered the opening prayer for Trumpā€™s first inauguration in 2017.

As documented by GLAAD, the Asheville, N.C.,-based evangelist has attacked the LGBTQ community throughout his life and career.

He supported the draconian laws in Russia targeting ā€œpropaganda of nontraditional sexual relationsā€ that have been used to suppress media that presents ā€œLGBTQ identities and relationships in a positive or normalizing light.ā€

Praising Russian President Vladimir Putin for taking ā€œa stand to protect his nationā€™s children from the damaging effects of the gay and lesbian agenda,ā€ Graham also bemoaned that ā€œAmericaā€™s own morality has fallen so far that on this issue.ā€

Grahamā€™s anti-LGBTQ advocacy on matters of domestic policy in the U.S. has included opposing Pride events, which he compared to celebrations of ā€œlying, adultery, or murder,ā€ and curricula on LGBTQ history in public schools, telling a radio host in 2019 that educators have no right to ā€œteach our children something that is an affront to God.ā€

When his home state rolled back rules prohibiting gender diverse people from using public restrooms consistent with their identities, he tweeted that ā€œpeople of NC will be exposed to pedophiles and sexually perverted men in womenā€™s public restrooms.ā€

Graham has repeatedly smeared LGBTQ people as predatory and said the community seeks to ā€œrecruitā€ children into being gay, lesbian, or transgender.

He has also consistently opposed same-sex marriage, claiming that former President Barack Obama, by embracing marriage equality, had ā€œshaken his fist at the same God who created and defined marriage,ā€ adding, ā€œit grieves me that our president would now affirm same-sex marriage, though I believe it grieves God even more.ā€

Graham also supports the harmful and discredited practice of conversion therapy, which he likened to ā€œconversion to Christianity.ā€

When Transportation Secretary Pete Buttigieg announced his bid for the Democratic nomination for president in 2020, Graham tweeted that ā€œMayor Buttigieg says he’s a gay Christian. As a Christian I believe the Bible which defines homosexuality as sin, something to be repentant of, not something to be flaunted, praised or politicized. The Bible says marriage is between a man and a woman ā€” not two men, not two women.”Ā 

Graham embraced Trump well before he was taken seriously in Republican politics, telling ABC in 2011 that the New York real estate tycoon was his preferred candidate.

Particularly during the incoming presidentā€™s first campaign as the GOP nominee and during his first term, the evangelical leaderā€™s support was seen as strategically important to bringing conservative Christians into the fold despite their misgivings about Trump, who was better known as a philandering womanizer than a devout religious leader. 

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Homophobe Anita Bryant dies at 84

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Anita Bryant (Screen capture via SuchIsLifeVideos/YouTube)

Anita Bryant, the singer and orange juice pitch woman who gained notoriety for a homophobic campaign against gay rights in the 1970s, died on Dec. 16 after a battle with cancer, according to a statement released by her family. She was 84.

Bryant was a former Miss Oklahoma, a Grammy-nominated singer, author, and recipient of the USO Silver Medallion for Service, according to her familyā€™s statement. Bryant, a fundamentalist Christian, performed at the White House and the Super Bowl, among other highlights of her singing career.

Bryant incurred the ire of the LGBTQ community after she fought successfully to overturn a Dade County, Fla., ordinance that would have protected gay people from discrimination. Her ā€œSave Our Childrenā€ campaign led gay bars to boycott Florida orange juice. In 1977, while promoting her campaign in Iowa, Tom Higgins, a gay rights activist, threw a pie in her face, an iconic moment caught by photographers.Ā 

Bryantā€™s homophobic legacy lives on with Florida politicians like Gov. Ron DeSantis rolling back LGBTQ protections and enshrining discrimination in state law. 

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New Meta guidelines include carveout to allow anti-LGBTQ speech on Facebook, Instagram

Zuckerberg cozying up to Trump ahead of second term

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Mark Zuckerberg, co-founder, chairman, and CEO of Meta (Screen capture via Bloomberg Television/YouTube)

New content moderation policies governing hate speech on Facebook, Instagram, and Threads that were enacted by parent company Meta on Wednesday contain a carveout that allows users to call LGBTQ people mentally ill.

According to the guidelines, which otherwise prohibit use of such insults on the online platforms, “We do allow allegations of mental illness or abnormality when based on gender or sexual orientation, given political and religious discourse about transgenderism and homosexuality and common non-serious usage of words like ā€˜weird.ā€™ā€

Meta also removed rules that forbid insults about a personā€™s appearance based on race, ethnicity, national origin, disability, religious affiliation, caste, sexual orientation, sex, gender identity, and serious disease while withdrawing policies that prohibited expressions of hate against a person or a group on the basis of their protected class and references to transgender or nonbinary people as ā€œit.ā€

In a video on Tuesday, Mark Zuckerberg, the company’s co-founder, chairman, and CEO, said the platforms’ “restrictions on topics like immigration and gender” were now “out of touch with mainstream discourse.ā€ 

ā€œWhat started as a movement to be more inclusive has increasingly been used to shut down opinions and shut out people with different ideas, and itā€™s gone too far,ā€ he added.

In a statement to the Washington Blade, Human Rights Campaign President Kelley Robinson said “Everyone should be able to engage and learn online without fear of being targeted or harassed. While we understand the difficulties in enforcing content moderation, we have grave concerns that the changes announced by Meta will put the LGBTQ+ community in danger both online and off.”

“What’s left of Meta’s hateful conduct policy expressly allows users to bully LGBTQ+ people based on their gender identity or sexual orientation and even permits calls for the exclusion of LGBTQ+ people from public spaces,” she said. “We can expect increased anti-LGBTQ+ harassment, further suppression of LGBTQ+ content, and drastic chilling effects on LGBTQ+ users’ expression.”

Robinson added, “While we recognize the immense harms and dangers of these new policies, we ALL have a role to play in lifting up our stories, pushing back on misinformation and hate, and supporting each other in online spaces. We need everyone engaged now more than ever. HRC isn’t going anywhere, and we will always be here for you.”

As attacks against LGBTQ and especially transgender Americans have ramped up over the past few years in legislative chambers and courtrooms throughout the country, bias-motivated crimes including acts of violence are also on the rise along with homophobic and transphobic hate speech, misinformation, and conspiracy theories that are spread farther and faster thanks to the massive reach of social media platforms and the policies and practices by which the companies moderate user content and design their algorithms.

However ascendant certain homophobic and transphobic ideas might be on social media and in the broader realm of “political and religious discourse,” homosexuality and gender variance are not considered mental illnesses in the mainstream study or clinical practice of psychiatry.

The American Psychiatric Association removed homosexuality from its internationally recognized Diagnostic and Statistical Manual of Mental Disorders more than 50 years ago and more than 30 years ago erased “transsexualism” to use “gender identity disorder” instead before switching to “gender dysphoria” in 2013. These changes were meant to clarify the distinction between the patient’s identity as trans and the ego-dystonic distress experienced in many cases when one’s birth sex differs from one’s gender identity.

Research has consistently shown the efficacy of treating gender dysphoria with gender-affirming health interventions ā€” the psychiatric, medical, and surgical care that can bring patients’ brains and bodies into closer alignment with their self-concept while reducing the incidence of severe depression, anxiety, self-harm behavior, and suicide.

Just like slandering LGBTQ people as sick or sexually deviant, the pathologization of homosexuality and gender variance as disordered (or linked to different mental illnesses that are actually listed in the DSM) is not new, but rather a revival of a coarser homophobia and transphobia that until the recent past was largely relegated to a time well before queer people had secured any meaningful progress toward legal, social, and political equality.

Wednesday’s announcement by Meta marked just the latest move that seems meant to ingratiate the tech giant with President-elect Donald Trump and curry favor with his incoming administration, which in turn could smooth tensions with conservative lawmakers who have often been at odds with either Facebook, Instagram, and Zuckerberg ā€” who had enjoyed a close relationship with the Obama White House and over the years has occasionally championed progressive policies like opposing mass deportations.

Public signs of reconciliation with Trump began this summer, when Meta removed restrictions on his Facebook and Instagram accounts that were enacted following the Jan. 6 insurrection at the U.S. Capitol.

In the months since, the company has continued cozying up to Trump and Republican leaders in Washington, including with Tuesday’s announcement that Meta platforms will no longer use professional fact checking, among other policy changes that mirror those enacted by Elon Musk after he took over Twitter in 2022, changed its name to X, and created conditions that have allowed hate and misinformation to proliferate far more than ever before.

In recent months, Musk, the world’s richest man, has emerged as one of the president-elect’s fiercest allies, spending a reported $277 million to support his presidential campaign and using his platform and influence to champion many of the incoming administration’s policy priorities, including efforts to target the trans community.

Last month, Zuckerberg and Apple CEO Tim Cook each donated $1 million to Trump’s inaugural committee, with Amazon founder Jeff Bezos and OpenAI’s Sam Altman each reportedly pledging matching contributions.

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