California, USA: Another Challenge to DOMA, This Time from a Military Couple

Written by scott on May 21st, 2013

Defense of Marriage ActThe Defense of Marriage Act is under siege once again in California. A lesbian couple is challenging the law in District Court. Equality on Trial reports:

In the Cooper-Harris case, which was filed by the Southern Poverty Law Center, a written opinion is expected, since the judge did not issue one from the bench after the arguments. This hearing was on motions for summary judgment on the merits of the constitutionality of DOMA and the other military-related law at issue. Cooper-Harris is a veteran who was diagnosed with multiple sclerosis, and the VA ruled that it was acquired likely as a result of her service. If she were in an opposite-sex marriage she would be entitled to seek spousal benefits, but she is in a legal same-sex marriage and Section 3 of DOMA bars the federal government from recognizing the marriage. Another federal statute related to military benefits is also challenged in the case: it defines marriage as opposite-sex only.

Not sure what will happen here if the Supreme Court invalidates section 3 of DOMA next month, but since this lawsuit does challenge another statute as well, it may continue.

Find more articles and gay wedding resources in California.

 

1 Comments so far ↓

  1. Ronald Gurney says:

    I am a gay Air Force veteran, who although legally married in New York State, was unable to include my spouse, or his income, on my most recently approved application for a VA Home Mortgage. Now, our joint home is deeded only in my name, and the mortgage is solely in my name. Unless Section 3 of DOMA is invalidated, we must now take further legal action to have his name added to the deed; something that an opposite-sex couple would not have had to do.

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