Judge: VA can't deny benefits to lesbian Army vet

Published on NewsOK Modified: August 30, 2013 at 2:58 am •  Published: August 30, 2013
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The Justice Department had asked for Cooper-Harris' case to be tossed out on the grounds that veterans' claims can only be heard by an administrative Board of Veterans' Appeals. But Marshall said the case could move forward.

The law on VA benefits specifically defines spouse and surviving spouse as someone of the opposite sex, which has prevented same-sex married couples from accessing such benefits as enhanced disability or pension payments.

In a letter to Sen. Jeanne Shaheen, D-N.H. earlier this month, VA Secretary Eric Shinseki said no court had deemed the provision unconstitutional, nor has Congress taken up a bill to change the definition of spouse. He noted, however, that if spousal definitions were determined to be unconstitutional, the agency would be prepared to update its policies.

The Defense Department has said that same-sex spouses of military members will be eligible for the same health care, housing and other benefits enjoyed by opposite-sex spouses starting Sept. 3.