American Military Partner Association v. McDonald

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Status: Closed
Outcome:
Victory
Court:
United States Court of Appeals for the Federal Circuit
Issues: Marriage, Relationships and Family Protections, Military

This suit, against the Secretary of Veterans Affairs on behalf of the American Military Partner Association (“AMPA”), argues that the denial of benefits to same-sex spouses of veterans living in states that refuse to recognize their marriages is in violation of the U.S. Supreme Court’s decision striking down the so-called Defense of Marriage Act (DOMA).

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Lambda Legal and Morrison and Foerster LLP represent AMPA, an advocacy organization dedicated to supporting partners and spouses of LGBT troops and veterans. The U. S. Supreme Court’s decision in United States v. Windsor striking down Section 3 of DOMA specifically flagged as unconstitutional the deprivation of veterans benefits to same-sex spouses. The VA should not rely on discriminatory state marriage bans that have been declared unconstitutional by federal courts far and wide throughout the country as the basis to deny these spousal benefits now.