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Constitutional Law
Equal Protection
Veterans Benefits; Sexual Orientation Discrimination

Tracey Cooper-Harris and Maggie Cooper-Harris v. United States of America, Eric H. Holder Jr. and Eric K. Shinseki

Published: Sep. 21, 2013 | Result Date: Aug. 29, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-887 Summary Judgment –  Plaintiffs

Court

USDC Central


Attorneys

Plaintiff

Matthew D. Benedetto
(WilmerHale)

Rubina Ali

Joseph J. Levin

Randall J. Lee
(WFBM LLP)

Caren E. Short

Adam Romero


Defendant

Christine P. Sun
(States United Democracy Center)

Jean Lin


Facts

Tracey and Maggie Cooper-Harris filed suit against the United States, challenging the constitutionality of Section 3 of the Defense of Marriage Act and Section 101(3) and 101(31) of Title 38. Plaintiffs argued that these provisions violated the equal protection clause of the Fifth Amendment by discriminating on the basis of sexual orientation.

The Supreme Court later held that DOMA was unconstitutional.

Result

The court granted summary judgment for the plaintiffs, holding the disputed provisions of Title 38 unconstitutional. the Court permanently enjoined the U.S. government from denying recognition of plaintiffs' marriage on the basis of DOMA or Title 38.


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