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.”
The White House
Hundreds protest ICE killing of Renee Nicole Good in D.C.
Married queer woman shot in Minneapolis on Wednesday
Hundreds of people took to the streets of D. C. on Thursday night to protest the killing of a U.S. citizen by a U.S. Immigration and Customs Enforcement agent.
Protests began at the busy — and increasingly queer — intersection of 14th and U Streets, N.W. There, hundreds of people held signs, shouted, and made their way to the White House to voice their dissent over the Trump-Vance administration’s choice to increase law enforcement presence across the country.
The protest, which also occurred simultaneously in cities large and small across the country, comes in the wake of the death of Minneapolis resident Renne Nicole Good at the hands of ICE Agent Jonathan Ross. Good left behind two children and a wife, Rebecca Good.
Records obtained by the Associated Press found that Ross was an Iraq War veteran and nearly two decades into his career with U.S. Border Patrol and ICE.
Good was gunned down just blocks away from where George Floyd was killed by police in 2020, sparking weeks of national protests. Minnesota officials say the FBI has blocked their access to an investigation into the fatal shooting, according to a BBC story published on Friday.
In the nation’s capital, protesters marched from the intersection of 14th and U Street to Lafayette Square, right outside the White House. Multiple D.C. organizations led the protest, most notably Free DC, a nonprofit that works to ensure the right of “self-determination” for District residents, as many local laws can be reviewed, modified, or overturned by Congress. Free DC had organized multiple protests since the Trump-Vance administration was elected.
The Washington Blade spoke to multiple protesters towards the tail end of the protest about why they came out.
Franco Molinari, from Woodbridge, Va., crossed the Potomac to partake in his first-ever protest.
“I don’t appreciate ICE and the use of federal agents being pretty much militarized against America,” Molinari said while holding a “Justice for Renee” sign. “The video of Renee being executed cartel style in her car was enough for me to want to come out, to at least do something.”
Molinari, like many others the Blade spoke with, found out about the protest on Instagram.
“It was my friend there, Sarah … had sent a link regarding the protest to a group chat. I saw it in the morning, and I thought, ‘You know what, after work, I’m head out.’”
He also shared why protesting at the White House was important.
“I already saw the response that the president gave towards the murder of Renee, and it was largely very antagonizing,” Molinari said.
President Donald Trump, along with federal leaders under him, claimed that Good “violently, willfully and viciously ran over the ICE officer.” The president’s claims have been widely discredited through multiple videos of the incident, which show Good was attempting to leave the scene rather than attacking the officer.
“I hope that anybody would be able to see that and see the response and see for themselves that it just is not correct,” Molinari said.
The Blade also spoke with leftist influencer Dave the Viking, who has more than 52,000 followers on TikTok, where he posts anti-fascist and anti-Trump videos.
“We’re out here to make sure that this regime can’t rewrite history in real time, because we all know what we saw … we’re not going to allow them to run with this narrative that they [ICE agents] were stuck in the snow and that that poor woman tried to weaponize her car, because we all saw video footage that proves otherwise,” he told the Blade. “We’re not going to let this regime, the media, or right-wing influencers try to rewrite history in real time and try to convince us we didn’t all see what we know we saw.”
Dave the Viking continued, saying he believes the perceived power of ICE and other law enforcement to act — oftentimes in deadly and unjustifiable ways — is a product of the Trump-Vance administration.
“There’s a line between fascism and anti-fascism. These motherfuckers have been pushing that envelope, trying to label an idea a terrorist organization, to the point of yesterday, crossing that line hardcore. You face the point of looking at history and saying there was this 1989, 2003 America, where we’re just going in, raiding resources. Where is this fucking 1930s Germany, where we’re going in and we’re about to just start clearing shit and pulling knots? Yeah, nope. We proved that shit yesterday.”
Two people were injured in another shooting involving federal agents, this time Border Patrol in Portland, Ore., on Thursday afternoon.
KC Lynch, who lives near American University, also spoke about her choice to protest with a group.
“I came out today because everything that ICE has done is absolutely unacceptable, not only killing this one woman, but also the fact that they’ve been imprisoning people in places that are literally, that have been literally on record by international organizations shown to be human rights violating. It’s unbelievably evil.”
Lynch also echoed Dave’s opinion about parallels between the Trump-Vance administration and the rise of Adolf Hitler in Nazi Germany.
“It’s literally what happened before the Holocaust. We should all be scared. We should all be angry. I’m so angry about it … even talking about it — I’m sorry,” she said before getting choked up.
Lynch emphasized that despite the circumstances in which people were protesting together, the sense of community was strong and powerful.
“I feel like it’s important for people to know that we’re angry, even if no policy changes come out of it, and it’s just nice to yell and be angry about it, because I feel like we’ve probably all been feeling this way, and it’s nice to be around people that are like minded and to like have a sense of community.”
Venezuela
AHF client in Venezuela welcomes Maduro’s ouster
‘This is truly something we’ve been waiting for’ for decades
An AIDS Healthcare Foundation client who lives in Venezuela told the Washington Blade he welcomes the ouster of his country’s former president.
The client, who asked the Blade to remain anonymous, on Thursday said he felt “joy” when he heard the news that American forces seized Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation on Jan. 3.
“This is truly something we’ve been waiting for for 26 or 27 years,” the AHF client told the Blade.
Hugo Chávez became Venezuela’s president in 1999. Maduro succeeded him in 2013 after he died.
“I’ve always been in opposition,” said the AHF client, who stressed he was speaking to the Blade in his personal capacity and not as an AHF representative. “I’ve never agreed with the government. When I heard the news, well, you can imagine.”
He added he has “high hopes that this country will truly change, which is what it needed.”
“This means getting rid of this regime, so that American and foreign companies can invest here and Venezuela can become what it used to be, the Venezuela of the past,” he said.
The AHF client lives near the Colombia-Venezuela border. He is among the hundreds of Venezuelans who receive care at AHF’s clinic in Cúcuta, a Colombian city near the Táchira River that marks the border between the two countries.
The Simón Bolívar Bridge on the Colombia-Venezuela border on May 14, 2019. (Washington Blade video by Michael K. Lavers)
The AHF client praised U.S. President Donald Trump and reiterated his support for the Jan. 3 operation.
“It was the only way that they could go,” he said.
The Venezuelan National Assembly on Jan. 4 swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. The AHF client with whom the Blade spoke said he is “very optimistic” about Venezuela’s future, even though the regime remains in power.
“With Maduro leaving, the regime has a certain air about it,” he said. “I think this will be a huge improvement for everyone.”
“We’re watching,” he added. “The actions that the United States government is going to implement regarding Venezuela give us hope that things will change.”
Minnesota
Reports say woman killed by ICE was part of LGBTQ community
Renee Nicole Good shot in Minneapolis on Wednesday
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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