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
Laverne Cox, Reneé Rapp, Deacon Maccubbin named WorldPride grand marshals
Three LGBTQ icons to lead parade

WorldPride organizers announced Thursday that actress and trans activist Laverne Cox, powerhouse performer Reneé Rapp, and LGBTQ trailblazer Deacon Maccubbin will serve as grand marshals for this year’s WorldPride parade.
The Capital Pride Alliance, which is organizing WorldPride 2025 in Washington, D.C., revealed the honorees in a press release, noting that each has made a unique contribution to the fabric of the LGBTQ community.

Cox made history in 2014 as the first openly transgender person nominated for a Primetime Emmy Award in an acting category for her role in Netflix’s “Orange Is the New Black.” She went on to win a Daytime Emmy in 2015 for her documentary “Laverne Cox Presents: The T Word,” which followed seven young trans people as they navigated coming out.
Rapp, a singer and actress who identifies as a lesbian, rose to prominence as Regina George in the Broadway musical “Mean Girls.” She reprised the role in the 2024 film adaptation and also stars in Max’s “The Sex Lives of College Girls,” portraying a character coming to terms with her sexuality. Rapp has released an EP, “Everything to Everyone,” and an album, “Snow Angel.” She announced her sophomore album, “Bite Me,” on May 21 and is slated to perform at the WorldPride Music Festival at the RFK Festival Grounds.
Deacon Maccubbin, widely regarded as a cornerstone of Washington’s LGBTQ+ history, helped organize D.C.’s first Gay Pride Party in 1975. The event took place outside Lambda Rising, one of the first LGBTQ bookstores in the nation, which Maccubbin founded. For his decades of advocacy and activism, he is often referred to as “the patriarch of D.C. Pride.”
“I am so honored to serve as one of the grand marshals for WorldPride this year. This has been one of the most difficult times in recent history for queer and trans people globally,” Cox said. “But in the face of all the rhetorical, legislative and physical attacks, we continue to have the courage to embrace who we truly are, to celebrate our beauty, resilience and bravery as a community. We refuse to allow fear to keep us from ourselves and each other. We remain out loud and proud.”
“Pride is everything. It is protection, it is visibility, it is intersectional. But most importantly, it is a celebration of existence and protest,” Rapp said.
The three will march down 14th Street for the WorldPride Parade in Washington on June 7.
Congress
House passes reconciliation with gender-affirming care funding ban
‘Big Beautiful Bill’ now heads to the Senate

The Republican-led U.S. House of Representatives on Thursday voted 215-214 for passage of the “One Big Beautiful Bill Act” reconciliation package, which includes provisions that would prohibit the use of federal funds to support gender-affirming care.
But for an 11th hour revision of the bill late Wednesday night by conservative lawmakers, Medicaid and CHIP would have been restricted only from covering treatments and interventions administered to patients younger than 18.
The legislation would also drop requirements that some health insurers must cover gender-affirming care as an “essential health benefit” and force states that currently mandate such coverage to find it independently. Plans could still offer coverage for transgender care but without the EHB classification patients will likely pay higher out of pocket costs.
To offset the cost of extending tax cuts from 2017 that disproportionately benefited the wealthiest Americans, the reconciliation bill contains significant cuts to spending for federal programs like Medicaid and the Supplemental Nutrition Assistance Program.
The Human Rights Campaign criticized House Republicans in a press release and statement by the group’s president, Kelley Robinson:
“People in this country want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers voted to give handouts to billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.
“If the cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics weren’t devastating enough, House Republicans added a last minute provision that expands its attacks on access to best practice health care to transgender adults.
“This cruel addition shows their priorities have never been about lowering costs or expanding health care access–but in targeting people simply for who they are. These lawmakers have abandoned their constituents, and as they head back to their districts, know this: they will hear from us.”
Senate Republicans are expected to pass the bill with the budget reconciliation process, which would allow them to bypass the filibuster and clear the spending package with a simple majority vote.
Changes are expected as the bill will be reviewed and amended by committees, particularly the Finance Committee, and then brought to the floor for debate — though modifications are expected to focus on Medicaid reductions and debate over state and local tax deductions.

2025 D.C. Trans Pride was held at Martin Luther King, Jr. Memorial Library on Saturday, May 17. The day was filled with panel discussions, art, social events, speakers, a resource fair and the Engendered Spirit Awards. Awardees included Lyra McMillan, Pip Baitinger, Steph Niaupari and Hayden Gise. The keynote address was delivered by athlete and advocate Schuyler Bailar.
(Washington Blade photos by Michael Key)










