Wednesday, February 1, 2012

Challenge to Constitutionality of DOMA by Military Member

Cooperharris_uniformTracey Cooper-Harris (pictured right), a member of the US Army for twelve years, has filed a complaint against the US for veterans benefits for her same-sex partner, arguing that DOMA and the VA definition of "spouse"  violates the Fifth Amendment's equal protection component.  Cooper-Harris is represented by the Southern Poverty Law Center, the organization that also litigated the landmark case Frontiero v. Richardson involving a woman's right for military benefits for her husband.

This lawsuit joins the other constitutional challenges to DOMA including one filed by the Service Members Legal Defense Network, as well two companion decisions by federal district judge Tauro declaring DOMA unconstitutional, the Obama DOJ's decision not to defend it, and legislative efforts at repeal.

RR
(h/t Jen Hogg)

http://lawprofessors.typepad.com/conlaw/2012/02/challenge-to-constitutionality-of-doma-by-military-member.html

Current Affairs, Disability, Equal Protection, Fifth Amendment, Sexual Orientation | Permalink

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