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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

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Tracey (left) & Maggie Cooper-Harris have sued to received veterans benefits that were denied under Title 38 (Blade file photo by Michael Key).

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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Minnesota

Reports say woman killed by ICE was part of LGBTQ community

Renee Nicole Good shot in Minneapolis on Wednesday

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(Screen capture via @maxnextsterak/X)

A U.S. Immigration and Customs Enforcement agent shot and killed a woman in Minneapolis as she attempted to drive away from law enforcement during a protest on Wednesday.

The Star Tribune newspaper identified the victim as Renee Nicole Good, 37, a Minneapolis resident who lived blocks from where she was shot in the Central neighborhood, according to reports. Donna Ganger, Good’s mother, told the Star Tribune that her daughter lived in the Twin Cities with her wife.

Multiple videos of the shooting have gone viral on social media, showing various angles of the fatal incident — including footage that shows Good getting into her car and attempting to drive away from law enforcement officers, who had their weapons drawn.

In the videos, ICE agents can be heard telling Good to “get out of the fucking car” as they attempted to arrest her. Good, who press reports say was married to a woman, ended up crashing her car into an electric pole and other vehicles. She was later transported from the scene of the shooting and died at the hospital.

President Donald Trump defended the ICE agent on Truth Social, saying the officer was “viciously” run over — a claim that coincides with Homeland Security Secretary Kristi Noem’s assessment of the situation. Noem, a South Dakota Republican, insisted the officer “fired defensive shots” at Good after she attempted to run over law enforcement agents “in an attempt to kill them — an act of domestic terrorism.”

Multiple state and local officials disputed claims that the shooting was carried out in self-defense at the same time Noem was making those assertions.

An Instagram account that appears to belong to Good describes her as a “poet and writer and wife and mom and shitty guitar strummer from Colorado; experiencing Minneapolis, MN,” accompanied by a rainbow flag emoji.

A video posted to X after the shooting shows a woman, reportedly her wife, sitting on the ground, crying and saying, “They killed my wife. I don’t know what to do.”

“We’ve dreaded this moment since the early stages of this ICE presence in Minneapolis,” Mayor Jacob Frey said during a Wednesday press conference. “Having seen the video myself, I want to tell everybody directly that [the DHS’s claim of self-defense] is bullshit. This was an agent recklessly using power that resulted in somebody dying, getting killed.”

“I have a message for ICE. To ICE, get the fuck out of Minneapolis,” Frey continued. “We do not want you here. Your stated reason for being in this city is to create some kind of safety, and you are doing exactly the opposite. People are being hurt. Families are being ripped apart. Long-term Minneapolis residents that have contributed so greatly to our city, to our culture, to our economy are being terrorized, and now somebody is dead. That’s on you, and it’s also on you to leave.”

Across the Capitol, members of the House and the Senate condemned the actions of the officer.

“There’s no indication she’s a protester, there’s nothing that at least you can see on the video, and therefore nothing that the officers on the ground could see that identify her as someone who’s set out to try to do harm to an ICE officer,” U.S. Sen. Elizabeth Warren (D-Mass.) said Wednesday night on MS NOW’s “The Weeknight.”

“There is no evidence that has been presented to justify this killing,” House Minority Leader Hakeem Jeffries (D-N.Y.) said in a statement on his website. “The masked ICE agent who pulled the trigger should be criminally investigated to the full extent of the law for acting with depraved indifference to human life.”

“ICE just killed someone in Minneapolis,” U.S. Rep. Robert Garcia (D-Calif.) the highest-ranking Democrat on the House Oversight Committee, posted on X. “This administration’s violence against communities across our country is horrific and dangerous. Oversight Democrats are demanding answers on what happened today. We need an investigation immediately.”

In a statement to the Advocate, Human Rights Campaign President Kelley Robinson wrote, “Today, a woman was senselessly killed in Minneapolis during an ICE action — a brutal reminder that this agency and the Trump regime put every community at risk, spreading fear instead of safety. Reports that she may have been part of the LGBTQ+ community underscore how often the most vulnerable pay the highest price.”

National LGBTQ Task Force President Kierra Johnson also responded to Good’s death.

“We recognize and mourn the loss of Renee Nicole Good and extend our condolences to her family, loved ones, and community,” said Johnson in a statement. “This loss of life was preventable and reprehensible, particularly coming at the hands of federal agents.”

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National

U.S. in midst of ‘genocidal process against trans people’: study

Attacks rooted in Nazi ideology’s views on gender

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President Trump’s administration has orchestrated myriad attacks on the trans community. (Washington Blade file photo by Michael Key)

Earlier this week, the Lemkin Institute for Genocide Prevention and Human Security issued a haunting warning. Dr. Elisa von Joeden-Forgey, president of the Lemkin Institute, stated that the U.S. is in the “early-to-mid stages of a genocidal process against trans and nonbinary and intersex people.” Dr. Gregory Santon, former president of the International Association of Genocide Scholars, flags “a hardening of categories” surrounding gender in a “totalitarian” way. 

Stanton argues that this is rooted in Nazi ideology’s surrounding gender — this same regime that killed many LGBTQIA individuals in the name of a natural “binary.” As Von Joeden-Forgey said, the queer community, alongside other “minority groups, tends to be a kind of canary in the coal mine.” 

In his first year in office, Trump and his Cabinet’s anti-trans rhetoric has only intensified, with a report released late September by journalist Ken Klippenstein in which national security officers leaked that the FBI is planning to classify trans people as “extremists.” By classifying trans people as “Nihilistic Violent Extremists,” far-right groups would have more “political (and media) cover,” as Abby Monteil reports for them, for anti-trans violence and legislation. 

While the news is terrifying, it’s not unprecedented – the fight against trans rights and classification of trans people as violent extremists was included in Project 2025, and in the past several weeks, far-right leaders’ transphobic campaign has expanded: boycotting Netflix to pressure the platform to remove trans characters, leveraging anti-trans attack ads in the Virginia governor’s race and banning professors from acknowledging that trans people exist. In fact last month, two Republican members of Congress called for the institutionalization of trans people

It’s a dangerous escalation of transphobic violence that the Human Rights Campaign has classified as an epidemic. According to an Everytown for Gun Safety report published in 2020, the number of trans people murdered in the U.S. almost doubled between 2017 and 2021. According to data released by the Gun Safety report from February 2024, 34 percent of gun homicides of trans, nonbinary, and gender expansive people remain unsolved

As Tori Cooper, director of Community Engagement for the Transgender Justice Initiative for the Human Rights Campaign Foundation, this violence serves a purpose. “The hate toward transgender and gender expansive community members is fueled by disinformation, rhetoric and ideology that treats our community as political pawns ignoring the fact that we reserve the opportunity to live our lives full without fear of harm or death,” Cooper said.

“The genocidal process,” Von Joeden-Forgey said, “is really about destroying identities, destroying groups through all sorts of means.” And just like the Nazi regime, former genocide researcher Haley Brown said, the Trump administration is fueling conspiracy theories surrounding “cultural Marixsm” — the claim that leftists, feminists, Marxists, and queer people are trying to destroy western civilization. This term, Brown states, was borrowed directly from the Nazi’s conspiracies surrounding “Cultural Bolshevism.”

As Brown explains, historians are just beginning to research the Nazis’ anti-trans violence, but what they are finding reveals a terrifying pattern wherein trans people are stripped of their identification documents, arrested and assaulted, and outright killed. 

Before World War II, Germany – especially Berlin – was a hub for transgender communities and culture. In 1919, Dr. Magnus Hirschfield, a Jewish gay sexologist and doctor, founded the Institut für Sexualwissenschaft, the Institute for Sexual Science. The Institute was groundbreaking for offering some of the first modern gender-affirming healthcare, with a trans-affirming clinic and performing some of the first gender-affirming surgeries in the 1930s for trans women Dora Richter and Lili Elbe. 

Researchers at the institute coined the term “trassexualism” in 1923, which while outdated now, was the first modern term that Dr. Hirschfield used when working with Berlin police to acquire “transvestite passes” for his patients to help them avoid arrest under public nuisance and decency laws. During the Weimar Republic, trans people could also change their names although their options were limited. In Berlin, queer press flourished after World War I along with a number of clubs welcoming gay, lesbian and trans clientele, including Eldorado, which featured trans performers on stage. 

But as Hitler rose to power, trans people were targeted. In 1933, Nazi youth and members of the Sturmabteilung ransacked the institute, stealing and burning books – one of the first book burnings of the Nazi regime. German police stopped recognizing the “transvestite” passes and issuing new ones, and under Paragraph 175, which criminalized sexual relationships with men, trans women (who were misgendered by the police) were arrested and sent to concentration camps. 

As the Lemkin Intsitute for Genocide Prevention and Human Security wrote in a statement

“The Nazis, like other genocidal groups, believed that national strength and existential 

power could only be achieved through an imposition of a strict gender binary within the racially pure ‘national community.’ A fundamentalist gender binary was a key feature of Nazi racial politics and genocide.”

History professor Laurie Marhoefer wrote for The Conversation that while trans people were targeted, there was not extensive discussion of them by the regime. But there was evidence of the transphobia behind the regime’s violence, specifically in Hermann Ferdinand Voss’s 1938 book “Ein Beitrag zum Problem des Transvestitismus.”Voss noted that during the Nazi regime, trans people could and were arrested and sent to concentration camps where they underwent forced medical experimentation (including conversion therapy and castration) and died in the gas chambers.

While there is growing recognition that gay, bisexual, and lesbian individuals were targeted during the Holocaust, few know about the trans genocide through which trans individuals were arrested, underwent forced castration and conversion therapy, and were outright killed alongside gay, lesbian, disabled and Jewish individuals in concentration camps. Historians are just beginning to undertake this research, writes Marhoefer, and to delve further into the complex racial hierarchies that affected how trans people were treated. 

As Zavier Nunn writes for Past & Present, trans people of “Aryan” racial status and those not considered to be homosexuals were sometimes spared from the worst violence and outright murder. Depending on their skills, they could even be considered for rehabilitation into the Volksgemeinschaft, or Nazi utopian community. As Nunn highlights, trans violence was much more nuanced and individualized and should be explored separately from violence against gay and lesbian individuals during the Holocaust.

Marhoefer’s research of violence against trans women, as recorded in police files (as is the persecution of gay and lesbian individuals), is groundbreaking but rare. He gave a talk at the Museum of Jewish Heritage in 2023, shortly after a 2022 civil lawsuit about denial that trans people were victims of the Holocaust. The German court recognized that trans people were victimized and killed by the Nazi regime, but in the United States, there is still a hesitancy by the wider LGBTQ community and leftist groups to acknowledge that we are living during a time of anti-trans violence, that trans people are being used as political scapegoats in order to distract from real problems of accountability and transparency around government policy.

As anti-trans legislation escalates, it’s important to remember and call out how trans violence is not only a feminist issue, it’s a human rights one as well. While Shannon Fyfe argues that the current campaigns against trans people may not fit the traditional legal definition of a genocide, the destruction and denial of life saving care, access to public spaces, and escalating violence is still immensely devastating. 

Kaamya Sharma also notes that the term “genocide” has deep geo-political implications. As she explained, “western organisations are, historically and today, apathetic to the actual lives of people in the Global South, and put moral posturing above Brown and Black lives,” so the choice to use “genocide” is a loaded one. But as the Lemkin Institute for Genocide Prevention and Human Security writes in the same statement: “The ideological constructs of transgender women promoted by gender critical ideologues are particularly genocidal. They share many features in common with other, better known, genocidal ideologies. Transgender women are represented as stealth border crosses who seek to defile the purity of cisgender women, much as Tutsi women were viewed in Hutu Power ideology and Jewish men in Nazi antisemitism.”

Trans people are not extremists, nor are they grooming children or threatening the fabric of American identity – they are human beings for whom (like all of us) gender affirming care is lifesaving. As we remember the trans lives lost decades ago and those lost this year to transphobic violence, knowing this history is the only way to stop its rewriting.  

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Virginia

Gay Va. State Sen. Ebbin resigns for role in Spanberger administration

Veteran lawmaker will step down in February

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Virginia State Sen. Adam Ebbin will step down effective Feb. 18. (Washington Blade file photo by Michael K. Lavers)

Alexandria Democrat Adam Ebbin, who has served as an openly gay member of the Virginia Legislature since 2004, announced on Jan. 7 that he is resigning from his seat in the State Senate to take a job in the administration of Gov.-Elect Abigail Spanberger.

Since 2012, Ebbin has been a member of the Virginia Senate for the 39th District representing parts of Alexandria, Arlington, and Fairfax counties. He served in the Virginia House of Delegates representing Alexandria from 2004 to 2012, becoming the state’s first out gay lawmaker.

His announcement says he submitted his resignation from his Senate position effective Feb. 18 to join the Spanberger administration as a senior adviser at the Virginia Cannabis Control Authority.

“I’m grateful to have the benefit of Senator Ebbin’s policy expertise continuing to serve the people of Virginia, and I look forward to working with him to prioritize public safety and public health,” Spanberger said in Ebbin’s announcement statement.

She was referring to the lead role Ebbin has played in the Virginia Legislature’s approval in 2020 of legislation decriminalizing marijuana and the subsequent approval in 2021of a bill legalizing recreational use and possession of marijuana for adults 21 years of age and older. But the Virginia Legislature has yet to pass legislation facilitating the retail sale of marijuana for recreational use and limits sales to purchases at licensed medical marijuana dispensaries.   

“I share Governor-elect Spanberger’s goal that adults 21 and over who choose to use cannabis, and those who use it for medical treatment, have access to a well-tested, accurately labeled product, free from contamination,” Ebbin said in his statement. “2026 is the year we will move cannabis sales off the street corner and behind the age-verified counter,” he said.   

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