Denial of Spousal Benefits to Veterans in Same-Sex Marriage Found Unconstitutional

Following the U.S. Supreme Court’s DOMA decision,a U.S. district judge recently ruled that “[t]he U.S. military cannot deny spousalbenefits to a lesbian veteran in a same-sex marriage.”  The invalidated portion of DOMA did notinclude the constitutionality of the statute limiting spousal benefits forveterans to those in heterosexual marriages.

Tracey Cooper-Harris served nine years in theU.S. Army and married her partner, Maggie, in 2008.  Tracey was diagnosed with multiple sclerosisand awarded disability compensation, but she was told her spouse did notqualify for survivor benefits if she were to die.

The judge found this denial of benefits was not rationallyrelated to any military purpose and that the denial demeaned their marriage andTracy’s sacrifices in the armed forces.

See AlexDobuzinskis, Judge Rules U.S. MilitaryCannot Deny Benefits to Lesbian Veteran and Her Wife, Reuters, Aug. 30, 2013.