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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LOS ANGELES (AP) — A judge in Los Angeles ruled Thursday that a lesbian Army veteran and her spouse should be entitled to disability benefits given the recent Supreme Court ruling that struck down part of the Defense of Marriage Act.

U.S. District Judge Consuelo Marshall said that a federal code defining a spouse as a person of the opposite sex is unconstitutional "under rational basis scrutiny" since the high court's decision allowing legally married gay couples the right to health care benefits.

"The court finds that the exclusion of spouses in same-sex marriages from veterans' benefits is not rationally related to the goal of gender equality," in the code, Marshall wrote in her four-page ruling.

The Department of Veterans Affairs denied an application from veteran Tracey Cooper-Harris and her spouse seeking additional money and benefits that married veterans are entitled to receive. Cooper-Harris suffers from multiple sclerosis and receives disability benefits.

She and Maggie Cooper-Harris got married in California during the brief period in 2008 when same-sex unions were legal in the state. The plaintiffs' attorneys had said previously the couple would receive about $150 more a month in disability payments, and Maggie Cooper-Harris would be eligible for about $1,200 a month in survivor's benefits if her wife died.



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