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.
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.
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Several dogs are in the custody of San Diego County, after a Lomita woman reported that her six dogs were attacked and some killed by a group of pit bulls.
Thousands of people marched through downtown San Diego and San Marcos in the second annual Women's March Saturday. The San Diego event began at 10 a.m. at the downtown Waterfront Park on Pacific Highway, while the North County event began at 11 a.m. at Palomar College.
Thousands of people marched through downtown San Diego and San Marcos in the second annual Women's March Saturday. The San Diego event began at 10 a.m. at the downtown Waterfront Park on Pacific Highway, while the North County event began at 11 a.m. at Palomar College. The two marches were held in conjunction with other marches across the country.
The federal government shut down at the stroke of midnight Friday, which prompted the closure of many federal operations, such as national parks and monuments and that included the shutdown of Cabrillo National Monument.
Chilly temperatures and scattered showers started the weekend. Temperatures at the coast and inland communities hovered around 60 degrees with some areas of San Diego County receiving rain during the morning hours.
A transient accused of fatally stabbing a man after they got into an argument near a 7-Eleven store in Poway pleaded not guilty Friday to a murder charge.
Coastal rail closures could complicate the commute for the thousands of people expected at Women's Marches set for downtown San Diego and San Marcos Saturday, though additional transit options are being made available.
A man arrested in the doctor's lounge at Sharp Grossmont Hospital in La Mesa after claiming to be an anesthesiologist pleaded not guilty Friday to a felony charge of treating the sick without a certificate.
People who bought new homes in Otay Ranch's Village of Escaya can start moving in Friday - later than planned but after the developer took steps to address methane found at the site.
Recent assaults by tactical teams on prototypes of President Donald Trump’s proposed wall with Mexico found their imposing heights should stop border crossers, The Associated Press has learned, a finding that’s likely to please security hawks but raise concerns about costs and environmental damage.