人兽性交 Lawsuit Challenges Defense of Marriage Act, VA for Refusing to Recognize Legally Married Same-Sex Couples
Tracey Cooper-Harris served for 12 years in the U.S. Army and received multiple commendations. But because she鈥檚 in a marriage with a person of the same sex, the government refuses to grant her the same disability benefits as heterosexual veterans.
In a federal lawsuit filed today, the 人兽性交 challenged the constitutionality of the Defense of Marriage Act (DOMA) as well as the law that governs the Department of Veterans Affairs policy.
鈥淭he government鈥檚 refusal to grant these benefits is a slap in the face to the gay and lesbian service members who put their lives on the line to protect our nation and our freedoms,鈥� said Christine P. Sun, deputy legal director for the 人兽性交. 鈥淓specially given the recent repeal of Don鈥檛 Ask Don鈥檛 Tell, it鈥檚 shocking that the federal government continues to demean Tracey鈥檚 years of service and the service of many others in this way.鈥�
While in the Army, Tracey reached the rank of sergeant and served 聽in Kyrgyzstan and Kuwait in support of Operation Enduring Freedom and Operation Iraqi Freedom. She received more than two dozen medals and commendations and was honorably discharged in 2003.
Five years later, she married her partner, Maggie, in Van Nuys, Calif. In 2010, she was diagnosed with multiple sclerosis (MS), which the VA has determined is connected to her military service. There is no known cure for MS, a disabling disease that attacks the brain and central nervous system.
Tracey received disability benefits, but the VA denied her application for additional compensation to which married veterans are entitled 鈥� benefits meant to help ensure financial stability for 聽spouses 鈥� even though her marriage is legally recognized in California. The denial also means the couple will not be permitted to be buried together in a national veteran鈥檚 cemetery.
The VA鈥檚 decision was based on its definition of a spouse, spelled out in federal law, as 鈥渁 person of the opposite sex who is a wife or a husband.鈥� Even if the department were to change its definition of spouse, DOMA would prevent the VA from approving the benefits because it defines marriage for all federal purposes as 鈥渁 legal union between one man and one woman as husband and wife.鈥�
鈥淚 dedicated 12 years of my life to serving the country I love,鈥� Tracey said. 鈥淚鈥檓 asking only for the same benefits the brave men and women who served beside me enjoy. By refusing to recognize our marriage, the federal government has deprived Maggie and me of the peace of mind that such benefits are meant to provide to veterans and their families.鈥�
The lawsuit, filed in the U.S. District Court for the Central District of California, charges that DOMA is unconstitutional because it discriminates on the basis of gender and sexual orientation. It also challenges the VA鈥檚 definition of 鈥渟pouse鈥� as discriminatory.
The lawsuit is not the first time the 人兽性交 has fought for equal benefits for military personnel. In the early 1970s, the 人兽性交 challenged the military鈥檚 refusal to grant equal benefits to married servicewomen. Joseph Levin, 人兽性交鈥檚 co-founder, argued the case, Frontiero v. Richardson, before the U.S. Supreme Court in 1973. The Court held that the military must provide married women in the armed forces with the same benefits as married men. It was the first successful sex discrimination lawsuit against the federal government.
鈥淢ore than four decades ago, we fought on behalf of female service members when the military refused to provide them the same benefits as male service members,鈥� Levin said. 鈥淪adly, we are once again forced to fight for the equal treatment of service members and their families. All service members and their families make the same commitment and sacrifices for their country. They all should receive the same benefits.鈥�
Other attorneys on the case include Caren Short of the 人兽性交 and Matthew Benedetto, Daniel Noble and Eugene Marder of WilmerHale.
