A lawsuit brought by a lesbian Army veteran and her wife over the denial of disability benefits can move forward over the objections of the Department of Justice, a federal judge in California ruled Monday.
U.S. District Judge Consuelo Marshall refused to dismiss Tracey Cooper-Harris' challenge to the federal Defense of Marriage Act and to two other laws that make same-sex spouses of military veterans ineligible for benefits available to straight spouses.
Marshall did not explain her reasoning in court, but said she would issue a written ruling at a later date.
The Justice Department under President Obama has refused to defend the 1996 Defense of Marriage Act, and argued that the U.S. Supreme Court should strike it down as unconstitutional when it hears arguments in another lawsuit next month.
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