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.”
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Colombia
Gay Venezuelan man who fled to Colombia uncertain about homeland’s future
Heberth Aguirre left Maracaibo in 2018
BOGOTÁ, Colombia — A gay Venezuelan man who has lived in Colombia since 2018 says he feels uncertain about his country’s future after the U.S. seized now former Venezuelan President Nicolás Maduro.
“On one hand I can feel content, but on the other hand I feel very concerned,” Heberth Aguirre told the Washington Blade on Tuesday during an interview at a shopping mall in Bogotá, the Colombian capital.
Aguirre, 35, is from Maracaibo, Venezuela’s second-largest city that is the heart of the country’s oil industry.
He developed cultural and art initiatives for the Zulia State government.
“Little by little, I suddenly became involved in politics because, in a way, you had to be involved,” recalled Aguirre. “It was necessary to be involved because the regime often said so.”
“I basically felt like I was working for the citizens, but with this deeply ingrained rule we had to be on their side, on the side of the Maduro and (former President Hugo) Chávez regime,” he added.
Maduro in 2013 became Venezuela’s president after Chávez died.
“There are things I don’t support about the regime,” Aguirre told the Blade. “There are other things that were nice in theory, but it turned out that they didn’t work when we put them into practice.”
Aguirre noted the Maduro government implemented “a lot of laws.” He also said he and other LGBTQ Venezuelans didn’t “have any kind of guarantee for our lives in general.”
“That also exposed you in a way,” said Aguirre. “You felt somewhat protected by working with them (the government), but it wasn’t entirely true.”
Aguirre, 35, studied graphic design at the University of Zulia in Maracaibo. He said he eventually withdrew after soldiers, members of Venezuela’s Bolivarian National Guard, and police officers opened fire on students.
“That happened many times, to the point where I said I couldn’t keep risking my life,” Aguirre told the Blade. “It hurt me to see what was happening, and it hurt me to have lost my place at the university.”
Venezuela’s economic crisis and increased insecurity prompted Aguirre to leave the country in 2018. He entered Colombia at the Simón Bolívar Bridge near the city of Cúcuta in the country’s Norte de Santander Province.
“If you thought differently, they (the Venezuelan government) would come after you or make you disappear, and nobody would do anything about it,” said Aguirre in response to the Blade’s question about why he left Venezuela.
The Simón Bolívar Bridge on the Colombia-Venezuela border on May 14, 2019. (Washington Blade video by Michael K. Lavers)
Aguirre spoke with the Blade three days after American forces seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.
The Venezuelan National Assembly on Sunday swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.
President Donald Trump on Tuesday in a Truth Social post said Venezuela’s interim authorities “will be turning over between 30 and 50 million barrels of high quality, sanctioned oil, to the United States of America.”
“This oil will be sold at its market price, and that money will be controlled by me, as president of the United States of America, to ensure it is used to benefit the people of Venezuela and the United States,” wrote Trump.
Trump on Sunday suggested the U.S. will target Colombian President Gustavo, a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s.
Petro has urged Colombians to take to the streets on Wednesday and “defend national sovereignty.” Claudia López, a former senator who would become the country’s first female and first lesbian president if she wins Colombia’s presidential election that will take place later this year, is among those who criticized Trump’s comments.
“Let’s be clear: Trump doesn’t care about the humanitarian aspect,” said Aguirre when the Blade asked him about Trump. “We can’t portray him as Venezuela’s savior.”
Meanwhile, Aguirre said his relatives in Maracaibo remain afraid of what will happen in the wake of Maduro’s ouster.
“My family is honestly keeping quiet,” he said. “They don’t post anything online. They don’t go out to participate in marches or celebrations.”
“Imagine them being at the epicenter, in the eye of the hurricane,” added Aguirre. “They are right in the middle of all the problems, so it’s perfectly understandable that they don’t want to say anything.”
‘I never in my life thought I would have to emigrate’
Aguirre has built a new life in Bogotá.
He founded Mesa Distrital LGBTIQ+ de Jóvenes y Estudiantes, a group that works with migrants from Venezuela and other countries and internally placed Colombians, during the COVID-19 pandemic. Aguirre told the Blade he launched the group “with the need to contribute to the general population, not just in Colombia.”
Aguirre met his husband, an American from California, at a Bogotá church in December 2020 during a Christmas event that SDA Kinship Colombia, an LGBTQ group, organized. A Utah judge virtually officiated their wedding on July 12, 2024.
“I love Colombia, I love Bogotá,” said Aguirre. “I love everything I’ve experienced because I feel it has helped me grow.”
He once again stressed he does not know what a post-Maduro Venezuela will look like.
“As a Venezuelan, I experienced the wonders of that country,” said Aguirre. “I never in my life thought I would have to emigrate.”
The Colombian government’s Permiso por Protección Temporal program allows Aguirre and other Venezuelans who have sought refuge in Colombia to live in the country for up to 10 years. Aguirre reiterated his love for Colombia, but he told the Blade that he would like to return to Venezuela and help rebuild the country.
“I wish this would be over in five years, that we could return to our country, that we could go back and even return with more skills acquired abroad,” Aguirre told the Blade. “Many of us received training. Many of us studied a lot. We connected with organizations that formed networks, which enriched us as individuals and as professionals.”
“Returning would be wonderful,” he added. “What we’ve built abroad will almost certainly serve to enrich the country.”
District of Columbia
Imperial Court of Washington drag group has ‘dissolved’
Board president cites declining support since pandemic
The Imperial Court of Washington, a D.C.-based organization of drag performers that has raised at least $250,000 or more for local LGBTQ and non-LGBTQ charitable groups since its founding in 2010, announced on Jan. 5 that it has ended its operations by dissolving its corporate status.
In a Jan. 5 statement posted on Facebook, Robert Amos, president of the group’s board of directors, said the board voted that day to formally dissolve the organization in accordance with its bylaws.
“This decision was made after careful consideration and was based on several factors, including ongoing challenges in adhering to the bylaws, maintaining compliance with 501(c)(3) requirements, continued lack of member interest and attendance, and a lack of community involvement and support as well,” Amos said in his statement.
He told the Washington Blade in a Jan. 6 telephone interview that the group was no longer in compliance with its bylaws, which require at least six board members, when the number of board members declined to just four. He noted that the lack of compliance with its bylaws also violated the requirements of its IRS status as a nonprofit, tax-exempt 501(c) (3) organization.
According to Amos, the inability to recruit additional board members came at a time when the organization was continuing to encounter a sharp drop in support from the community since the start of the COVID pandemic around 2020 and 2021.
Amos and longtime Imperial Court of Washington member and organizer Richard Legg, who uses the drag name Destiny B. Childs, said in the years since its founding, the group’s drag show fundraising events have often been attended by 150 or more people. They said the events have been held in LGBTQ bars, including Freddie’s Beach Bar in Arlington, as well as in other venues such as theaters and ballrooms.
Among the organizations receiving financial support from Imperial Court of Washington have been SMYAL, PFLAG, Whitman-Walker Health’s Walk to End HIV, Capital Pride Alliance, the DC LGBT Community Center, and the LGBTQ Fallen Heroes Fund. Other groups receiving support included Pets with Disabilities, the Epilepsy Foundation of Washington, and Grandma’s House.
The Imperial Court of Washington’s website, which was still online as of Jan. 6, says the D.C. group has been a proud member of the International Court System, which was founded in San Francisco in 1965 as a drag performance organization that evolved into a charitable fundraising operation with dozens of affiliated “Imperial Court” groups like the one in D.C.
Amos, who uses the drag name Veronica Blake, said he has heard that Imperial Court groups in other cities including Richmond and New York City, have experienced similar drops in support and attendance in the past year or two. He said the D.C. group’s events in the latter part of 2025 attracted 12 or fewer people, a development that has prevented it from sustaining its operations financially.
He said the membership, which helped support it financially through membership dues, has declined in recent years from close to 100 to its current membership of 21.
“There’s a lot of good we have done for the groups we supported, for the charities, and the gay community here,” Amos said. “It is just sad that we’ve had to do this, mainly because of the lack of interest and everything going on in the world and the national scene.”
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