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.”
Virginia
Fellow lawmakers praise Adam Ebbin after Va. Senate farewell address
Gay state senator to take job in Spanberger administration
Gay Virginia state Sen. Adam Ebbin (D-Alexandria) delivered his farewell address on Feb. 16 in the Senate chamber in Richmond following his decision to resign from his role as a lawmaker to take a position as senior advisor to Democratic Gov. Abigail Spanberger.
Ebbin, whose resignation was to take effect Feb. 18, received a standing ovation from his fellow senators. Several of them spoke after Ebbin’s address to praise him for his service in the Virginia Senate from 2012 to 2026.
Ebbin first won election to the Virginia House of Delegates in 2003 as the first openly gay member of the General Assembly. He served in the House of Delegates from 2004 to 2012 before winning election to the Senate in 2011.
His Senate district includes Alexandria and parts of Arlington and Fairfax Counties.
“Serving in this body has been the greatest honor of my life,” Ebbin said in his farewell address. “Representing Northern Virginia in the General Assembly — my adopted home since 1989 — has been a responsibility I never took lightly,” he said.
“We are a 406-year-old institution,” he told his fellow lawmakers. “But, when I arrived, I had the distinct honor of being a ‘first’ in the General Assembly,” he said. “Being an openly gay elected official 22 years ago didn’t earn you book deals or talk show appearances — just a seat in a deep minority across the hall.”
Ebbin added, “Still, being out was a fact that felt both deeply personal and unavoidably public. I was proud, but I was also very aware that simply being here carried a responsibility larger than myself.”
Ebbin has been credited with playing a lead role in advocating for LGBTQ rights in the General Assembly as well as speaking out against anti-LGBTQ proposals that have surfaced during his tenure in the legislature.
In his speech he also pointed to other issues he has championed as a lawmaker; including strengthening education programs, expanding access to healthcare, safeguarding the environment, and legislation to help “stand up for working people.”
Among the LGBTQ rights legislation he pushed and mentioned in his speech was the Virginia Values Act of 2020, which bans discrimination based on sexual orientation and gender identity, among other categories.
“I’m particularly proud of our work ensuring Virginia modernized state law to protect LGBT people from discrimination in their daily lives, including in employment, housing, and public accommodations,” he said in his speech. “The Virginia Values Act of 2020 — my proudest achievement — established new protections for all Virginians,” he said.
“This law, the first of its kind in the South, passed with strong bipartisan support,” he stated. “And now — this November — after 20 years, Virginians will finally be able to vote on the Marriage Equality Amendment, which will protect the ability to marry who you love. It’s time for our state constitution to accurately reflect the law of the land.”
He was referring to a proposed state constitutional amendment approved by the General Assembly, but which must now go before voters in a referendum, to repeal a constitutional amendment approved by the legislators and voters in 2006 that bans same-sex marriage.
The U.S. Supreme Court’s Obergefell ruling legalizing same-sex marriage nationwide voided the Virginia same-sex marriage ban. But Ebbin and LGBTQ rights advocates have called on the General Assembly to take action to repeal the amendment in case the Supreme Court changes its ruling on the issue.
In his new job in the Spanberger administration Ebbin will become a senior advisor at the Virginia Cannabis Control Authority, which regulates policies regarding marijuana possession and distribution.
Ebbin was among the lead sponsors of legislation in 2020 to decriminalize possession of marijuana and of current pending legislation calling for legalizing possession.
“When I first entered the General Assembly, I saw too many lives upended by a simple marijuana charge — jobs lost, futures delayed, families hurt,” he said in his speech. “And for far too long, that harm was baked into our laws. That is no longer the case. The times have changed and so have our laws.”
Ebbin said he was also proud to have played some role in the changes in Virginia that now enable LGBTQ Virginians to serve in all levels of the state government “openly, authentically, and unapologetically.”
“I swore to myself that I wouldn’t leave until there was at least one more lesbian or gay General Assembly member,” Ebbin said in his speech. “But when I leave, I’m proud to say we will have an 8-member LGBTQ caucus.”
And he added, “And if anyone on the other side of the aisle wants to come out, you will be more than welcome — we’re still waiting on that first openly gay Republican.”
Africa
LGBTQ groups question US health agreements with African countries
Community could face further exclusion, government-sanctioned discrimination
Some queer rights organizations have expressed concern that health agreements between the U.S. and more than a dozen African countries will open the door to further exclusion and government-sanctioned discrimination.
The Trump-Vance administration since December has signed five-year agreements with Kenya, Uganda, and other nations that are worth a total of $1.6 billion.
Kenyan and Ugandan advocacy groups note the U.S. funding shift from NGO-led to a government-to-government model poses serious risks to LGBTQ people and other vulnerable populations in accessing healthcare due to existing discrimination based on sexual orientation.
Uganda Minority Shelters Consortium, Let’s Walk Uganda, the Kenya Human Rights Commission, and the Center for Minority Rights and Strategic Litigation note the agreements’ silence on vulnerable populations in accessing health care threatens their safety, privacy, and confidentiality.
“Many LGBTQ persons previously accessed HIV prevention and treatment, sexual and reproductive health services, mental health support, and psychosocial care through specialized clinics supported by NGOs and partners such as USAID (the U.S. Agency for International Development) or PEPFAR,” Let’s Walk Uganda Executive Director Edward Mutebi told Washington Blade.
He noted such specialized clinics, including the Let’s Walk Medical Center, are trusted facilities for providing stigma-free services by health workers who are sensitized to queer issues.
“Under this new model that sidelines NGOs and Drop-in Centers (DICs), there is a high-risk of these populations being forced into public health facilities where stigma, discrimination, and fear of exposure are prevalent to discourage our community members from seeking care altogether, leading to late testing and treatment,” Mutebi said. “For LGBTQ persons already living under criminalization and heightened surveillance, the loss of community-based service delivery is not just an access issue; it is a full-blown safety issue.”
Uganda Minority Shelters Consortium Coordinator John Grace said it is “deeply troubling” for the Trump-Vance administration to sideline NGOs, which he maintains have been “critical lifelines” for marginalized communities through their specialized clinics funded by donors like the Global Fund and USAID.
USAID officially shut down on July 1, 2025, after the White House dismantled it.
Grace notes the government-to-government funding framework will impact clinics that specifically serve the LGBTQ community, noting their patients will have to turn to public systems that remain inaccessible or hostile to them.
“UMSC is concerned that the Ugandan government, under this new arrangement, may lack both the political will and institutional safeguards to equitably serve these populations,” Grace said. “Without civil society participation, there is a real danger of invisibility and neglect.”
Grace also said the absence of accountability mechanisms or civil society oversight in the U.S. agreement, which Uganda signed on Dec. 10, would increase state-led discrimination in allocating health resources.
Center for Minority Rights and Strategic Litigation Legal Manager Michael Kioko notes the U.S. agreement with Kenya, signed on Dec. 4, will help sustain the country’s health sector, but it has a non-binding provision that allows Washington to withdraw or withhold the funding at any time without legal consequences. He said it could affect key health institutions’ long-term planning for specialized facilities for targeted populations whose independent operations are at stake from NGOS the new agreement sidelines.
“The agreement does not provide any assurance that so-called non-core services, such as PrEP, PEP, condoms, lubricants, targeted HIV testing, and STI prevention will be funded, especially given the Trump administration’s known opposition to funding these services for key populations,” Kioko said.
He adds the agreement’s exclusionary structure could further impact NGO-run clinics for key populations that have already closed or scaled down due to loss of the U.S. funding last year, thus reversing hard-won gains in HIV prevention and treatment.
“The socio-political implications are also dire,” Kioko said. “The agreement could be weaponized to incite discrimination and other LGBTQ-related health issues by anti-LGBTQ voices in the parliament who had called for the re-authorization of the U.S. funding (PEPFAR) funding in 2024, as a political mileage in the campaign trail.”
Even as the agreement fails to safeguard specialized facilities for key populations, the Kenya Human Rights Commission states continued access to healthcare services in public facilities will depend on the government’s commitment to maintain confidentiality, stigma-sensitive care, and targeted outreach mechanisms.
“The agreement requires compliance with applicable U.S. laws and foreign assistance policies, including restrictions such as the Helms Amendment on abortion funding,” the Kenya Human Rights Commission said in response to the Blade. “More broadly, funded activities must align with U.S. executive policy directives in force at the time. In the current U.S. context, where executive actions have narrowed gender recognition and reduced certain transgender protections, there is a foreseeable risk that funding priorities may shift.”
Just seven days after Kenya and the U.S. signed the agreement, the country’s High Court on Dec. 11 suspended its implementation after two petitioners challenged its legality on grounds that it was negotiated in secrecy, lacks proper parliamentary approval, and violates Kenyans’ data privacy when their medical information is shared with America.
The agreement the U.S. and Uganda signed has not been challenged.
European Union
European Parliament resolution backs ‘full recognition of trans women as women’
Non-binding document outlines UN Commission on the Status of Women priorities
The European Parliament on Feb. 12 adopted a transgender-inclusive resolution ahead of next month’s U.N. Commission on the Status of Women meeting.
The resolution, which details the European Union’s priorities ahead of the meeting, specifically calls for “the full recognition of trans women as women.”
“Their inclusion is essential for the effectiveness of any gender-equality and anti-violence policies; call for recognition of and equal access for trans women to protection and support services,” reads the resolution that Erin in the Morning details.
The resolution, which is non-binding, passed by a 340-141 vote margin. Sixty-eight MPs abstained.
The commission will meet in New York from March 10-21.
A sweeping executive order that President Donald Trump signed shortly after he took office for a second time on Jan. 20, 2025, said the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and dozens of other U.N. entities.
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