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
Capital Pride announces change in date for 2026 D.C. Pride parade and festival
Events related to U.S. 250th anniversary and Trump birthday cited as reasons for change
The Capital Pride Alliance, the D.C. based group that organizes the city’s annual LGBTQ Pride events, has announced it is changing the dates for the 2026 Capital Pride Parade and Festival from the second weekend in June to the third weekend.
“For over a decade, Capital Pride has taken place during the second weekend in June, but in 2026, we are shifting our dates in response to the city’s capacity due to major events and preparations for the 250th anniversary of the United States,” according to a Dec. 9 statement released by Capital Pride Alliance.
The statement says the parade will take place on Saturday, June 20, 2026, with the festival and related concert taking place on June 21.
“This change ensures our community can gather safely and without unnecessary barriers,” the statement says. “By moving the celebration, we are protecting our space and preserving Pride as a powerful act of visibility, solidarity, and resistance,” it says.
Ryan Bos, the Capital Pride Alliance CEO and President, told the Washington Blade the change in dates came after the group conferred with D.C. government officials regarding plans for a number of events in the city on the second weekend in June. Among them, he noted, is a planned White House celebration of President Donald Trump’s 80th birthday and other events related to the U.S. 250th anniversary, which are expected to take place from early June through Independence Day on July 4.
The White House has announced plans for a large June 14, 2026 celebration on the White House south lawn of Trump’s 80th birthday that will include a large-scale Ultimate Fighting Championship (UFC) event involving boxing and wrestling competition.
Bos said the Capital Pride Parade will take place along the same route it has in the past number of years, starting at 14th and T Streets, N.W. and traveling along 14th Street to Pennsylvania Ave., where it will end. He said the festival set for the following day will also take place at its usual location on Pennsylvania Avenue, N.W., between 2nd Street near the U.S. Capitol, to around 7th Street, N.W.
“Our Pride events thrive because of the passion and support of the community,” Capital Pride Board Chair Anna Jinkerson said in the statement. “In 2026, your involvement is more important than ever,” she said.
The White House
White House deadnames highest-ranking transgender official
Rachel Levine’s portrait altered at HHS
Admiral Rachel Levine — the first transgender person ever confirmed by the U.S. Senate and the highest-ranking trans official in American history — had her official portrait in the Humphrey Building altered, with staff replacing her correct name with her deadname, the name she has not used since 2011.
NPR first reported the change, and an HHS spokesperson confirmed to the outlet that Levine’s portrait had recently been altered. A digital photograph obtained by NPR shows Levine’s former (male) name typed on a placard beneath the portrait, placed under the glass of the frame.
Levine served as a four-star admiral in the U.S. Public Health Service Commissioned Corps under the Biden-Harris administration and was appointed the 17th assistant secretary for health.
During her tenure, Levine oversaw the Commissioned Corps and helped lead national public-health initiatives, including the federal COVID-19 response and vaccination strategy; efforts to address rising syphilis infection rates; HIV/AIDS prevention and treatment programs; and strategies to combat the opioid epidemic, particularly through expanded harm-reduction approaches for the communities most affected.
The Trump-Vance administration’s decision to publicly deadname Levine is widely viewed within the trans community as demeaning and disrespectful. The move comes amid a series of federal policy reversals targeting LGBTQ Americans, particularly trans youth seeking gender-affirming care.
Those actions include: weakening workplace protections for LGBTQ employees; limiting restroom access; downgrading gender-identity discrimination cases; pressuring hospitals to end gender-affirming care; cutting HIV research and prevention funding; removing LGBTQ crisis resources; restricting access to trans-inclusive medical policies for veterans and young people; supporting trans sports bans and threatening funding for teams that include trans athletes; and forcing schools and universities to eliminate DEI and LGBTQ offices, inclusive curricula, gender-neutral bathrooms, and books or training materials addressing LGBTQ issues.
The Trump–Vance administration has also expanded federal censorship by removing LGBTQ language from surveys, agency websites, Smithsonian materials, and human-rights reports; blocking Pride recognitions; creating federal communications that misgender trans women; imposing passport and travel barriers for trans Americans; lifting protections for trans service members; limiting benefits and care for LGBTQ veterans; and pressuring states, universities, and hospitals to end trans-inclusive policies under threat of losing federal research, education, or Medicaid funds. The administration has additionally deported LGBTQ asylum seekers to unsafe conditions, removed LGBTQ issues from global human-rights reporting, and escalated anti-trans rhetoric at public events.
These actions stand in stark contrast to Levine’s public-health record. As assistant secretary for health, she worked to expand LGBTQ+ health data collection, promote equitable vaccine distribution, strengthen national health-equity initiatives, and reduce care disparities experienced by historically underserved communities, including LGBTQ populations. Within HHS, she led councils and task forces dedicated to reducing structural barriers to care and improving community outcomes.
Before joining the federal government, Levine oversaw health and safety for nearly 13 million residents as Pennsylvania’s physician general from 2015–2017 and as Pennsylvania secretary of health from 2018–2021.

Asked by NPR about the alteration of her official portrait, Levine responded that it had been an honor to serve as assistant secretary for health, adding: “I’m not going to comment on this type of petty action.”
Congress
EXCLUSIVE: George Santos speaks out on prison, Trump pardon, and more
Not interested in political comeback: ‘I made so many poor choices’
It has been just over two years since George Santos — the disgraced politician who once represented New York’s Third District — was expelled from Congress. Now, Santos is breaking his silence about his expulsion, imprisonment, subsequent pardon, what he believes he did wrong, and allegations regarding immigration fraud.
In 2022, Santos was elected to represent the Long Island communities of North Hempstead, Glen Cove, and Oyster Bay, one of the wealthiest congressional districts in the United States. This week, he sat in the lobby of the Hyatt Capitol Hill, just blocks from his former office in the Cannon House Office Building, to speak with the Washington Blade about how he became the center of one of the most outrageous political scandals in modern U.S. history. Despite the media scrutiny surrounding his lies, criminal convictions, and eventual pardon by President Donald Trump, Santos appeared relaxed during the interview, speaking freely about his experiences, admissions, and grievances.
Scope of Santos’s misconduct
Many journalists have struggled to verify George Santos’s personal history and professional resume. Numerous claims he made during his campaigns have been debunked or walked back, particularly regarding his personal and professional history since 2020.
Santos gained media attention for claiming Jewish heritage despite being raised Catholic and identifying as Catholic. He said his maternal grandfather grew up Jewish, converted to Catholicism before the Holocaust, and raised his children Catholic. Investigations, however, show his maternal grandparents were born in Brazil, not Ukraine or Belgium. Santos described himself variously as “Jew-ish,” “half Jewish,” a non-observant Jew, a “proud American Jew,” and a “Latino Jew.”
He also misrepresented his mother’s professional history, claiming she was “the first female executive at a major financial institution.” Records, including her 2003 visa application, show she had not been in the U.S. since 1999 and listed her occupation as a domestic worker.
Santos further fabricated his educational history, claiming a bachelor’s degree in finance and economics from Baruch College, where he said he graduated near the top of his class. Investigations revealed he never graduated. He also falsely claimed an MBA from New York University on official campaign documents — a misrepresentation that later became grounds for his expulsion. Santos later blamed the lies on a local Republican Party staffer.
His professional claims were also fraudulent. Santos called himself a “seasoned Wall Street financier and investor” and claimed to have worked for Citigroup and Goldman Sachs. Both companies reported no record of his employment. When pressed, Santos admitted he had used a “poor choice of words,” eventually describing his experience as “limited partnerships.” He also falsely claimed to have lost four employees in the 2016 Pulse nightclub shooting in Orlando; no victims had any connection to companies listed in his biography.
Santos misrepresented his residences during his 2020 campaign. He listed an Elmhurst, Queens, address outside the district he sought to represent, later moving with his partner to a Whitestone rowhouse. He was registered to vote at the Whitestone address but did not live there.
When asked about his lies, Santos told the Blade he wishes he did everything differently.
“Everything, everything, everything,” Santos told the Blade. “I made so many poor choices that I think it would be redundant to not say everything.”
He did not fully take responsibility, describing the scandals as a mix of personal ambition and what he called a “sensational political assassination.”
“Ambition is a toxic trait, and unfortunately, I was consumed by that. I forewent everyone else’s [considerations]… I had no consideration for anything around me other than myself, and that’s awful,” he added.
In addition to personal history fabrications, Santos made numerous false claims the Department of Justice later treated as campaign finance fraud. He solicited donations through a fake political entity, diverted funds into an LLC he controlled, and disguised personal expenditures as legitimate political expenses, using donations for luxury purchases.
Santos denied wrongdoing, stating, “I didn’t steal people’s credit cards… I didn’t go shopping at Hermes and Onlyfans. It’s not true either.”
He defended some purchases as campaign-related, singling out House Ethics Committee Chairman Michael Guest.
“The only two luxury brands that you’ll see of purchases in my campaign were Ferragamo and Tiffany. [I got] Ferragamo for the [male members of the] Republican steering committee when I was lobbying for my seat committee and three Tiffany pens for the females … That’s where those are legal expenses. They’re very legal.”
The House Ethics Committee found “substantial evidence” of lawbreaking, stating Santos “fraudulently exploited every aspect of his House candidacy,” using campaign funds for luxury shopping, cosmetic procedures, travel, and rent.
“I had a choice to not straw donate to my campaign, and I chose to, yeah, that was a poor choice,” Santos admitted. “Of course, I’m guilty for that. Was I forthcoming in the GOP with the party? No, I was not. I was very dishonest with the GOP, and for that I regret, and I also regret that the GOP in New York created an environment that made somebody like me feel it was needed to do that. But I regret not being forthcoming and honest about it.”
Santos also collected pandemic unemployment payments of approximately $24,000 while employed.
He was charged with multiple federal offenses, including conspiracy to commit offenses against the United States, wire fraud, making materially false statements to the FEC, falsifying records, aggravated identity theft, access device fraud, money laundering, and theft of public funds. Santos pleaded guilty to wire fraud and aggravated identity theft and was sentenced to 87 months in prison in April 2025, ordered to pay hundreds of thousands in restitution and forfeiture. He was released from the Federal Correctional Institution in Fairton, N. J., following Trump’s pardon in October.
Immigration fraud allegations

In addition to the professional and personal claims Santos has made that have been proven false, he also addressed allegations of immigration fraud raised by the Washington Blade. A source familiar with Santos’s history with U.S. immigration proceedings described several alarming allegations, most notably a reportedly fraudulent marriage to his former wife, Uadla Viera, to help her obtain U.S. immigration status. Santos has adamantly denied wrongdoing.
According to the source, who spoke to the Blade on condition of anonymity, Santos married Viera in a civil ceremony in Manhattan in 2012, despite neither living in the city. There are no known photos, announcements, or records of a wedding celebration, engagement, bridal party, shower, or honeymoon. This unusual lack of documentation stands out for Santos, whose life and actions are typically geared toward media attention.
While the source questioned the motive behind the marriage, Santos insisted it was legal and not done for any nefarious purpose.
“I married a person who was legally in this country, and all in all, what I did was kind of skip the line for her. And we were married, and there was no financial benefit [for me]. We were married. We had bills together. There’s no proof or evidence of a financial benefit other than jaded people again, anonymously, lying saying ‘He got paid. He offered me money.’ First of all, I don’t even have the wherewithal for that. Second of all, we went through a very rigorous — fucking rigorous — immigration litmus test, house interviews, multiple layers of interviews, a consummate marriage that was very obvious for anybody who was around us, and then I ended up cheating for now, obvious reasons.”
In 2013, the source said Santos dated Leandro Bis, a Brazilian tourist, while still married to Vieira. Santos denies this, framing the period as tumultuous and asserting that he was merely helping someone in need who now falsely alleges more. Bis told ABC News in a 2023 interview that Santos had “promised the world” to him while they dated.
“I’ve never dated a Leandro,” Santos told the Blade. “I can’t believe that six months of my life are common stories in the New York Times. This lunatic is going on TV and putting himself out there…I look so much better than him, and I’m much older than him. I mean life does numbers on people, because hate is a virus.”
The source further recounted Santos’s interactions with Greg Morey-Parker, a former roommate of Santos’s who told CNN that he was suspicious of Santos’s academic resume and stories of family wealth.
“Greg Morey-Parker is not a boyfriend– nowhere near a boyfriend,” Santos told the Blade. “He was actually a homeless Starbucks barista that I felt bad for. Let him crash in my living room. … He accused me of stealing his Burberry scarf. You’re homeless and you have a Burberry scarf? Bro, make up your fucking mind.”
In 2014, Santos met Pedro Vilarva, 18, on Tinder and dated him for a year while still married to Viera. According to the source, the trio socialized frequently: Santos and Vilarva with other gay men, Viera with heterosexuals. That same year, Santos filed a family-based immigration petition for Viera, who was granted conditional permanent residency. Santos publicly celebrated his engagement to Vilarva in a Facebook post at La Bonne Soupe, a Manhattan restaurant, though the relationship eventually ended. That Facebook post has since been deleted.
Santos maintains he was honest with both immigration authorities and his spouse.
“I was honest with immigration authorities, 100% above board. I was honest with my spouse, as far as my relationship with him and with my ex-wife, so much I’m the one who told her, I’m sorry we can’t do this anymore. I’m seeing Pedro. And she knew Pedro, it was a shit show. Okay? I’m gonna leave it at that, out of respect to both her and Pedro … I cheated on my first wife, and that was a whole story on its own.”
Later in 2014, Santos met Morey-Parker, who told the Daily Beast that Santos advised him to marry an immigrant woman from Brazil to make money. Santos denied that claim to the Blade.
“That is Gregory again making more shit up and there’s no proof or evidence or anything that you can point to,” Santos said.
Viera became a permanent resident in 2017, according to previous media reports, and in 2018 gave birth to a daughter. Santos did not claim paternity or seek custody. Santos and Viera were granted an uncontested divorce in 2019. Viera became a U.S. citizen in 2022 and purchased a $750,000 home in New Jersey, according to the Blade’s source and to the official deed of the property.
Santos did not mention that he had been married or divorced during his congressional campaigns until an internal vulnerability study commissioned by the campaign identified it as a potential issue for voters.
Santos downplayed all of this, saying it was a running joke among his staff. “I would be a joke. I would allude to it [and say] ‘Ladies, look, I love you guys, but there’s a reason that I don’t date women anymore, and I’m divorced from my first wife.’ It was like a running joke, making light of it and self-deprecating humor, which is my favorite kind of humor.”
He claimed that the New York Times story was the reason he became more sensitive with posts related to his ex-wife.
“The reason it’s not [visible] today is because I pulled it all off because of privacy issues. It was all archived for my Instagram, but if you had access to my Instagram prior to the New York Times story, you would see I never deleted my pictures with her…They were all over my Instagram, going to the beach, like everything. It’s like our entire life was documented together.”
On Trump, politics, and public office
Santos was tight lipped when the Blade questioned him about his conversations with President Trump.
“You never, ever share a lick of a word you exchange with the sitting president of the United States, no matter who that person is… I’ve seen it backfire for people who did it with Biden, with Trump, with Obama. I’m not about to make that mistake. Yeah, my conversations with the president are private.”
He did say that he was humbled by Trump’s pardon but regrets ever entering politics.
“I had such a good life, and to have to be at the place I am today is indicative of, you know, politics is really for the elites…I’m so uninterested in politics these days…I want to get involved in policy change, but not politicking.”
He said he is not interested in a position in the Trump administration.
“I would respectfully decline [any government job], I would say thank you from the bottom of my heart, and say ‘I’m probably not best suited for a job in government.’ I want nothing to do with the government or public office.”
Trans and LGBTQ issues

Santos also spoke on his experience as both a member of the LGBTQ community and a Republican legislator. Most notably, he doesn’t think there is any barrier for gay people to join the Republican Party, citing his ascent into Republican leadership as an example.
He defended his record as a gay Republican, noting the continued election and reelection of LGBTQ members of Congress and emphasizing that he disproved stereotypes about Republicans.
“There’s no bigotry in the Republican Party. It’s a matter of how you present yourself…I’m not saying there’s no anti-gay sentiment, I’m pretty sure there is, but I never experienced it.”
He continued, explaining how far-right figures gaining prominence within Republican circles sets off some tension.
“I know it exists… I mean Nick Fuentes exists, right? His followers go on my social media, and either call me a Jew or a homo all day long. But I’m proud of it. I’m proud that I was the first who didn’t conceal the fact that he’s gay, and still got elected by a constituency of Republicans in a landslide victory.”
It is important to note that Santos is the first openly LGBTQ non-incumbent Republican to be elected to Congress, not the first openly LGBTQ Republican to win an office. Santos won his seat with 53% of his district’s vote while his opponent, Robert Zimmerman, got 46%.
Santos spoke on his experience as a gay man, echoing other LGB Republicans who have distanced themselves from transgender rights.
“This is very controversial for me, but I don’t loop my issues in with the trans community issues. I’m a gay man. I’m gender conforming. I’m he/him/sir.”
He continued, saying all he can speak on is his experience as a gay man, which doesn’t inherently lend him to being a champion for transgender rights, unlike many other LGB elected officials have done.
“I’ve never walked in the shoes of a trans person, so I can’t speak for them.” Santos framed his stance on gender-affirming care carefully: “I believe those people deserve the right to treatment, and that’s fair. I don’t believe in a mass agenda of pushing children towards that. I think we need to have a sensible conversation of, let’s allow kids to get to a certain age, right? Let’s allow adults to make those decisions, not children…for permanent decisions like hormone blockers and puberty blockers…that should be with adults.”
This is despite general medical consensus that views gender-affirming care as medically necessary, appropriate, and potentially life-saving for trans youth. The American Medical Association, the largest medical association in the country, opposes state laws that interfere with or ban gender-affirming care, calling such actions harmful and contrary to medical evidence.
Prison experience
Santos also spoke explicitly about what he says are dehumanizing conditions at FCI Fairton, something that has given him a new passion following his release from the facility.
“It’s punitive and dehumanizing,” he said when describing the situation he was in.
“Black mold bubbling all over the ceiling. Rat infestations… Listeria and ringworm outbreaks. Expired food… Underwear with skid marks… either wear that or don’t wear underwear.”
He continued, emphasizing the dehumanizing treatment he says he received, and hoping it will lead to prison reform.
“Solitary confinement for 41 days. Three showers a week. One 15-minute phone call every 30 days. [The warden] an absolute vicious human being. … We need to rehabilitate people. Just make it humane.”
Santos hinted at a future in media and activism, particularly related to prison reform, signaling that while he has stepped away from public office, he may still seek to influence policy and public discourse.
Despite his dramatic fall from political grace, Santos remains unapologetically in the public eye. From allegations of fraud to his prison experience and ongoing controversies, he presents a portrait of a man both shaped by — and defiant of — the consequences of his actions. Whether the public views him as a cautionary tale, a redeemed figure, or something in between, Santos’s story continues to provoke debate about accountability, ambition, and the limits of political power in America.
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