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.”
Italy
Olympics Pride House ‘really important for the community’
Italy lags behind other European countries in terms of LGBTQ rights
The four Italian advocacy groups behind the Milan Cortina Winter Olympics’ Pride House hope to use the games to highlight the lack of LGBTQ rights in their country.
Arcigay, CIG Arcigay Milano, Milano Pride, and Pride Sport Milano organized the Pride House that is located in Milan’s MEET Digital Culture Center. The Washington Blade on Feb. 5 interviewed Pride House Project Manager Joseph Naklé.
Naklé in 2020 founded Peacox Basket Milano, Italy’s only LGBTQ basketball team. He also carried the Olympic torch through Milan shortly before he spoke with the Blade. (“Heated Rivalry” stars Hudson Williams and Connor Storrie last month participated in the torch relay in Feltre, a town in Italy’s Veneto region.)
Naklé said the promotion of LGBTQ rights in Italy is “actually our main objective.”
ILGA-Europe in its Rainbow Map 2025 notes same-sex couples lack full marriage rights in Italy, and the country’s hate crimes law does not include sexual orientation or gender identity. Italy does ban discrimination based on sexual orientation in employment, but the country’s nondiscrimination laws do not include gender identity.
ILGA-Europe has made the following recommendations “in order to improve the legal and policy situation of LGBTI people in Italy.”
• Marriage equality for same-sex couples
• Depathologization of trans identities
• Automatic co-parent recognition available for all couples
“We are not really known to be the most openly LGBT-friendly country,” Naklé told the Blade. “That’s why it (Pride House) was really important for the community.”
“We want to use the Olympic games — because there is a big media attention — and we want to use this media attention to raise the voice,” he added.
Naklé noted Pride House will host “talks and roundtables every night” during the games that will focus on a variety of topics that include transgender and nonbinary people in sports and AI. Another will focus on what Naklé described to the Blade as “the importance of political movements now to fight for our rights, especially in places such as Italy or the U.S. where we are going backwards, and not forwards.”
Seven LGBTQ Olympians — Italian swimmer Alex Di Giorgio, Canadian ice dancers Paul Poirier and Kaitlyn Weaver, Canadian figure skater Eric Radford, Spanish figure skater Javier Raya, Scottish ice dancer Lewis Gibson, and Irish field hockey and cricket player Nikki Symmons — are scheduled to participate in Pride House’s Out and Proud event on Feb. 14.
Pride House Los Angeles – West Hollywood representatives are expected to speak at Pride House on Feb. 21.
The event will include a screening of Mariano Furlani’s documentary about Pride House and LGBTQ inclusion in sports. The MiX International LGBTQ+ Film and Queer Culture Festival will screen later this year in Milan. Pride House Los Angeles – West Hollywood is also planning to show the film during the 2028 Summer Olympics.
Naklé also noted Pride House has launched an initiative that allows LGBTQ sports teams to partner with teams whose members are either migrants from African and Islamic countries or people with disabilities.
“The objective is to show that sports is the bridge between these communities,” he said.
Bisexual US skier wins gold
Naklé spoke with the Blade a day before the games opened. The Milan Cortina Winter Olympics will close on Feb. 22.
More than 40 openly LGBTQ athletes are competing in the games.
Breezy Johnson, an American alpine skier who identifies as bisexual, on Sunday won a gold medal in the women’s downhill. Amber Glenn, who identifies as bisexual and pansexual, on the same day helped the U.S. win a gold medal in team figure skating.
Glenn said she received threats on social media after she told reporters during a pre-Olympics press conference that LGBTQ Americans are having a “hard time” with the Trump-Vance administration in the White House. The Associated Press notes Glenn wore a Pride pin on her jacket during Sunday’s medal ceremony.
“I was disappointed because I’ve never had so many people wish me harm before, just for being me and speaking about being decent — human rights and decency,” said Glenn, according to the AP. “So that was really disappointing, and I do think it kind of lowered that excitement for this.”
Puerto Rico
Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga
Puerto Rican activist celebrates half time show
Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.
Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.
“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”
La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.
“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”
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Congratulations to David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”
Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.
Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.
He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.
Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.
Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street.
Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors.
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