SPLC Lawsuit Challenges DOMA, VA for Refusing to Recognize Legally Married Same-Sex Couples
SPLC 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’s 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 SPLC challenged the constitutionality of the Defense of Marriage Act (DOMA) as well as the law that governs the Department of Veterans Affairs policy.
“The government’s 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,” said Christine P. Sun, deputy legal director for the SPLC. “Especially given the recent repeal of Don’t Ask Don’t Tell, it’s shocking that the federal government continues to demean Tracey’s years of service and the service of many others in this way.”
While in the Army, Tracey reached the rank of sergeant and served 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 – benefits meant to help ensure financial stability for spouses – 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’s cemetery.
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http://www.splcenter.org/get-informed/news/challenging-federal-policy-that-denies-equal-benefits-to-veterans-in-same-sex-marr
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