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
Pride faith services in Washington, D.C.
Almost half of all LGBTQ adults in the U.S. are religious
Are you an LGBTQ person of faith or someone exploring spirituality? It is more common than people realize. According to a Williams Institute study published in October 2020, almost half of all LGBTQ adults in the United States are religious. This may seem counterintuitive as any LGBTQ people have complicated relationships with faith because of very real histories of abuse, trauma, and violence.
This violence still continues in the United States, especially following the Supreme Court’s March 2026 decision in Chiles v. Salazar, who ruled Colorado’s ban on conversion therapy for minors violates the First Amendment, but not everyone has encountered this violence, nor do people who have faced it, separate themselves completely from religion. Many people may seek out affirming faith traditions which are prevalent in the DMV area.
For individuals seeking out faith services during Pride 2026, please check out the list below, which will be updated as more events are publicized.
Memorial Service for SaVanna Wanzer
May 17th at 1 pm
Westminster Presbyterian Church (400 I St SW, Washington, DC 20024)
Westminster Presbyterian will host a celebration of life for legendary DC trans rights activist and founder of DC Trans Pride and Black Trans Pride SaVanna Wanzer who was a long-time member of the church. Live music will begin at 12:15 pm before the start of the memorial service. The service will be livestreamed on the Westminster DC Facebook page. A meal will follow the Sunday service.
There will also be a celebratory vigil held on Saturday, May 16th from 6:30-8 pm for friends and family at the church led by LGBTQ organizer Raycee Pendarvis.
May 23th at 11 am
Downtown Westin (999 9th Street NW, Washington, DC 20001)
This intimate conversation is hosted by Janeé Lee, founder of Queer Ministry, between Black trans and queer people who are surviving religious trauma and navigating their relationship with the church. The workshop, hosted as part of Trans Pride DC, is a chance for people to share their stories at the intersection of queerness and spirituality and to walk away with a spiritual healing guide with affirming scriptures and inclusive theology.
DC Black Pride Worship Service
May 24th at 10 am
Remnant Christian Center (120 West Hampton Avenue, Capitol Heights, MD)
Hosted by The Community Church of Washington DC-UCC, this service will feature speakers and sessions on Black queer faith and unity, including host and speaker Robert D. Wise Jr. for a powerful Pentecost Unity Service. Attendees are encouraged to come dressed in and white.
June 5th at 7 pm
Sixth & I (600 I Street, NW, Washington, DC 20001)
Join Rabbi Jenna will be leading an inclusive, musical service celebrating the diversity of Jewish life in Washington, DC. Happy Hour, which is limited to people 21 and older, will start at 6 pm. The service will start at 7 pm, with dinner at 8:15 pm. The service is free but registration is required, and the kosher-style pescatarian meal does cost money. Register online here.
June 14th at 5 pm
Black Cat (1811 14th St NW, Washington, DC 20009)
Muslim Pride is a community-led and funded grassroots performance series centering queer and trans Muslim artists through music, drag and dance. The series was originally founded in 2020 as a way to create affirming spaces where faith, culture, and queerness can coexist. This year’s series features Mercedes Iman Diamond. This year, Muslim Pride expands to Washington, DC, New York City, and Los Angeles. Buy tickets here.
Pride Celebrations and Sunday Worship Service
June 14th all day
Riverside Baptist Church (699 Maine Avenue SW, Washington, DC 20024)
Join Riverside Baptist Church for a day-long Pride celebration beginning with Pride Weekend/Musical Theater Sunday worship service at 10 am. Later that morning and early afternoon, from 11:30 am to 1:30 pm, the church will be hosting a Pride Pageant, a technicolor celebration featuring a runway showcase, line dancing, food, and refreshments.
June 22nd at 7 pm
St. Mark’s Episocpal Church (301 A Street, SE, Washington, DC 20003)
Join this interfaith service celebrating affirming faith traditions and intertradition dialogue hosted by queer and trans faith leaders. The interfaith service has been hosted annually for over 40 years, and first began back in the 1980s with faith leaders and queer people of faith coming together to mourn and pray at the site of the AIDS Memorial Quilt on the National Mall. Learn more about the history of the interfaith service here.
June 23rd at 6 pm
Holy Trinity Catholic Church (3513 N St NW, Washington, DC 20007)
Holy Trinity will be hosting its 6th annual Pride Mass. After its debut this past summer, the Pride Mass choir will be singing at the Pride Mass in June, and following the Mass, there will be an annual reception with ice cream and other goodies. Learn more about attending the reception and Holy Trinity’s LGBTQ+ Ministry.
European Union
European Commission says all EU countries should ban conversion therapy
Recommendation ‘an important step forward for LGBTI rights across Europe’
The European Commission on Wednesday said all European Union countries should ban so-called conversion therapy.
The recommendation comes weeks after the European Parliament voted in favor of prohibiting the widely discredited practice across the EU. More than 1.2 million people signed a campaign in support of the ban that ACT (Against Conversion Therapy) LGBT launched in 2024 through the EU’s European Citizens Initiative framework.
“We warmly welcome today’s commitment from the European Commission to a recommendation on ending conversion practices, an important step forward for LGBTI rights across Europe,” said ILGA Europe in a statement.
Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.
Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.
ILGA Europe said the European Commission’s recommendation “highlights how much work remains to be done.”
“Ending conversion practices cannot stop at symbolic commitments or fragmented national approaches,” stressed the advocacy group. “We need coordinated EU action, proper training for professionals, and survivor-centered support systems that recognize the serious harm these practices cause.”
“More than one million people supported the European Citizens’ Initiative calling for change,” added ILGA Europe. “The message is clear: conversion practices are not therapy or belief, they are a form of violence that Europe can and should end.”
Delaware
Blade Foundation awards 9th journalism fellowship to AU student
Thomas Weaverling will cover LGBTQ issues in Delaware this summer
The Blade Foundation this week announced the recipient of its 2026 Steve Elkins Memorial Fellowship in Journalism is Thomas Weaverling, who is scheduled to graduate from American University with a degree in communication, language, and culture this month.
He will cover issues of interest to Delaware’s LGBTQ community for 12 weeks this summer. The fellowship is named in honor of Steve Elkins, a journalist and co-founder of the CAMP Rehoboth LGBTQ community center. Elkins served as editor of Letters from CAMP Rehoboth for many years as well as executive director of the center before his death in March of 2018.
Kevin Naff, editor of the Blade, welcomed Weaverling and will introduce him to the Rehoboth Beach community at an event this week.
“If the applicants to our fellowship program are any indication, the future of American journalism is very bright,” Naff said. “Thomas stood out for his broad skillset and strong writing and reporting skills and we’re all excited to work with him this summer.”
Weaverling is the ninth recipient of the Elkins fellowship, which is funded by community donations at the Blade Foundation’s annual fundraiser in Rehoboth Beach. This year’s event is scheduled for May 15 at Diego’s and includes a generous sponsorship from Realtor Justin Noble and remarks from Ashley Biden accepting an award on behalf of her brother Beau Biden for his LGBTQ advocacy while serving as Delaware’s attorney general.
“I am incredibly honored and excited to receive the Steve Elkins Memorial Fellowship in Journalism,” Weaverling said. “Writing for the Washington Blade has been a goal of mine since I began my freshman year of college and I could not be more thrilled to have this opportunity. I am looking forward to getting to know the LGBTQ+ community in Rehoboth Beach and throughout Delaware.”
Weaverling is graduating cum laude with a concentration in journalism and Spanish. He studied in Spain in 2025 and worked in the office of Rep. Bonnie Watson Coleman (D-N.J.) as a policy intern.
For more information on the fellowship program or to donate, visit bladefoundation.org.
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