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Court Rejects Republican DOMA Delay Request

Court Rejects Republican DOMA Delay Request

 

A federal judge on Friday rejected a request made by lawyers acting on behalf of House Republicans that the court delay a DOMA challenge where a disabled war veteran is contesting the law’s block on equal spousal disability benefits.

Reports SF Gate:

U.S. District Judge Consuelo Marshall of Los Angeles denied a stay in a brief order Friday. She did not spell out her reasoning but said she had considered all pertinent factors, including the harm that a delay might cause.

That harm amounts to $124 a month that the law is costing former Army Sgt. Tracey Cooper-Harris in disability benefits, her lawyers said.

Cooper Harris v. United States is a lawsuit filed by the Southern Poverty Law Center on behalf of Iraq and Afghanistan veteran Tracey Cooper-Harris. The suit challenges the denial of equal disability benefits for Harris’ same-sex spouse.

BLAG, lawyers acting on behalf of the Republican House leadership, wanted a delay until the Ninth Circuit Court of Appeals had decided the case of Karen Golinski, a federal worker challenging DOMA’s ban on spousal benefits, arguing that they were substantially similar and that the more advanced case, that might have implications for the Cooper-Harris case, should take priority.

However, Judge Marshall’s order rejected this, pointing out the cognizable monetary cost to any such delay.

BLAG, rather controversially, is also defending the military’s Section 101(3), (31) of Title 38, related to military benefits, even though no formal vote was held on whether the House should defend this aspect of the military code, something that Democratic lawmakers have decried.

Cooper-Harris, currently a resident of Pasadena, was stationed in Kyrgyzstan and Kuwait during her time on active duty. She was highly decorated, receiving in excess of 24 medals and commendations during her 12 years of service. Since discharge in 2003, Cooper-Harris has continued to suffer with a number of health issues, including post-traumatic stress disorder. She was diagnosed in 2010 with multiple sclerosis, which the government has acknowledged is connected to her military service.

 

Related Reading:

Obama: DOMA Issue Settled “Fairly Soon”

Leukemia Took My Partner & Now DOMA Will Take My Home (VIDEO)

Despite DADT Repeal, No Spousal Benefits for Gay Soldiers

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95 comments

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5:03PM PDT on Aug 9, 2012

Anita, I have never made an angry comment or called anyone of you the derogatory name you have flung at me. Does that make you Angry? I am very sorry, that I do not stoop that low.

Have a nice rest of the week, and I do respect your opinion, only I see no reason that I should go away, when there are only a few on this site trying to bring the truth for all to see.

Thank you for you concern about my donkey or was it humm, oh well it is doing fine.

11:05AM PDT on Aug 9, 2012

Bill R. : your views are showing just what an ass you truly are......Go away.

8:52AM PDT on Aug 9, 2012

Please identify two angry and hatefull things that I have said on this site. I think you are
confusing me with your post some how, Michael.

6:07PM PDT on Aug 8, 2012

@Bill makes more mistakes The liberal bigots on this site are really funny trying to brush off the truth as lies.

Bill, Bill, you’ve got it all wrong. Conservatives are the bigots, liberals are bleeding hearts. Come on many get with the program here, you are starting to mix metaphors. That some early stage dementia setting in?


@Bill claims Everyone is entitled to their opinions and as long as all of realize that the liberal is express his opinion, and not necessarily the truth that should be okay with all of us.

No debate there with one exception. While you are entitled to your opinion you are not entitled to tell frank lies masking as an opinion. You have to work with reality first Bill. There is also no “all of us” there is you and a few others who come here to spout off saying angry hateful things to agitate and irritate people knowingly. I know this is difficult for you to accept and I suspect we’ll go around this same old tree you keep circling several more times.

5:40PM PDT on Aug 8, 2012

The liberal bigots on this site are really funny trying to brush off the truth as lies. Sorry it just does not wash.

Everyone is entitled to their opinions and as long as all of realize that the liberal is express his opinion, and not necessarily the truth that should be okay with all of us.

9:33AM PDT on Aug 8, 2012

Did it ever occur to you Bill (not that much of reality gets through to those synapses of yours) that people are getting irritated by the barrage of a few trolls, who come to Care2 making posts that are lies and opinions disguised as facts?

Because these false claims lack substance and substantiation it really does begin to look like bigotry and racism must be the agenda of people like you, because all of your claims lack truth and validity.

7:05PM PDT on Aug 7, 2012

Lol, there is a big difference between an opinion and a bigot! Which word is it that you don't understand!

6:18PM PDT on Aug 7, 2012

There are a lot of people throwing around the word Bigot on this site; do they really understand that it is they are being bigots? When they are so intolerant of others opinions that they hate the person without knowing the person holding the opposing view, then that makes the speaker using the term bigot, a bigot of the first order.

We all should be able to hold views on this subject without all the criticism of others.
Just as whites can be bigots, so can blacks, browns and yellows

5:12PM PDT on Aug 7, 2012

Look people, something very wrong is happening, if we as Americans don’t stand up to these homophobes, racist, whit supremacist, gay bashers, black bashers, Mexican bashers than we have failed as Americans in supporting a democracy to represent all our people and provide equal rights to and Americans and healthcare to all Americans and voting rights to all Americans! It’s time stand up now and speak out loudly to protect our freedoms!

You can start here: https://www.facebook.com/#!/williecs , go there and sign on as a friend and respond to his homophobic, racist, white supremacist comments, and remember to be respectful at all times, just state your position!

Stand up for America!

3:16PM PDT on Aug 7, 2012

Thanks Steve.

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