[draigenia]

http://www.foxnews.com/us/2011/10/13...est=latestnews

A disabled Navy veteran is suing the Department of Veterans Affairs to recognize her marriage to her longtime female partner in what is believed to be the first time a U.S. veteran has sought recognition of same-sex marriage from the department.

Carmen Cardona, 45, of Norwich, Conn., was to announce details of the lawsuit at an 11 a.m. press conference in New Haven. The 18-year Navy veteran was filing an appeal with the U.S. Court of Appeals for Veterans Claims after the Department of Veterans Affairs (VA) denied her and her wife spousal disability benefits last year.

Until DOMA gets repealed, I don't think she has much of a chance. There's not much the VA can do if the federal government doesn't recognize same-sex marriages.

[Poowssnople]

http://www.foxnews.com/us/2011/10/13...est=latestnews

A disabled Navy veteran is suing the Department of Veterans Affairs to recognize her marriage to her longtime female partner in what is believed to be the first time a U.S. veteran has sought recognition of same-sex marriage from the department.

Carmen Cardona, 45, of Norwich, Conn., was to announce details of the lawsuit at an 11 a.m. press conference in New Haven. The 18-year Navy veteran was filing an appeal with the U.S. Court of Appeals for Veterans Claims after the Department of Veterans Affairs (VA) denied her and her wife spousal disability benefits last year.

Until DOMA gets repealed, I don't think she has much of a chance. There's not much the VA can do if the federal government doesn't recognize same-sex marriages.

That's why she is suing...to get DOMA overturned.

[GoodLover]

That's why she is suing...to get DOMA overturned.

So then she needs to sue the federal government and not the Department of Veterans Affairs. They can't recognize her marriage until the federal government does. That's why I said there's not much in suing the VA if they can't do anything about it.

[lalpphilalk]

That's why she is suing...to get DOMA overturned.

If the wheel's squeaky enough! We'll see!

[maxuilg]

So then she needs to sue the federal government and not the Department of Veterans Affairs. They can't recognize her marriage until the federal government does.

The Dept. of Veterans' Affairs is the federal govt.

That's why I said there's not much in suing the VA if they can't do anything about it. ...but this is how to get the law changed. Similar to how Witt sued the US Air Force to get DADT ruled unconstitutional.

[Evsltkzl]

We are SO very FUCKED!

[galaktiusman]

The Dept. of Veterans' Affairs is the federal govt.



...but this is how to get the law changed. Similar to how Witt sued the US Air Force to get DADT ruled unconstitutional.

It's a department of the federal government specifically for veteran's affairs. What I mean is that until it is a federal law (I don't think the Dept of VA makes federal laws) then the Dept can't afford her spousal benefits. Once it's recognized by federal law, then the VA will give the benefits.

[RadcliffXX]

It's a department of the federal government specifically for veteran's affairs. What I mean is that until it is a federal law (I don't think the Dept of VA makes federal laws) then the Dept can't afford her spousal benefits. Once it's recognized by federal law, then the VA will give the benefits.

Maybe, depending upon whether there is a "grandfathering" stipulation added in the Repeal, it may very well just apply towards future contracts. For all we know we could have people screaming for "legal reparations" and "backpay" for deceased members who can be legitimately proven to have been engaged in committed homosexual relationships but could not draw benefits. The law can go all sorts of directions.

[mudozvonf]

Maybe, depending upon whether there is a "grandfathering" stipulation added in the Repeal, it may very well just apply towards future contracts. For all we know we could have people screaming for "legal reparations" and "backpay" for deceased members who can be legitimately proven to have been engaged in committed homosexual relationships but could not draw benefits. The law can go all sorts of directions.

It could and it might. But right now I don't see this woman gaining any benefits any time soon.

[Nwxffgke]

It could and it might. But right now I don't see this woman gaining any benefits any time soon.

You have my full agreement here!

[Plokiikmol]

It's a department of the federal government specifically for veteran's affairs. What I mean is that until it is a federal law (I don't think the Dept of VA makes federal laws) then the Dept can't afford her spousal benefits. Once it's recognized by federal law, then the VA will give the benefits.

The DOD is also a dept of the federal govt...they also do not make laws.

They also were the department getting sued to overturn DADT.

I understand what you are saying....VA has no choice but to follow the law congress passed. That is true. Same with the AF, when Witt sued.

[tpdirorg]

I'm not sure what she is suing for? What bennies? She isn't retired. She said something about paying for her house, as a veteran, isn't she already permitted to get a VA home loan? What bennies is her wife not getting that other spouses get?

[Yb4bulVR]

If this is a test case then sueing anyone will be a place to start. Most likely they felt that would be the easiest place to fight and then branch out from there.

[IdomeoreTew]

I'm not sure what she is suing for? What bennies? She isn't retired.

The article says she was discharged in 2000... for carpal tunnel no less. LOL, Navy. :P

She said something about paying for her house, as a veteran, isn't she already permitted to get a VA home loan? What bennies is her wife not getting that other spouses get? I guess if you're married, you're entitled to a better deal. Not sure, and honestly, I'm really not worked up enough about this to look it up.

[indocrew]

If this is a test case then sueing anyone will be a place to start. Most likely they felt that would be the easiest place to fight and then branch out from there.

True - that's usually how it starts. That was the case with the Scopes trial - the ACLU made an open offer for anyone to break the law and teach Evolution in the classroom, and they would defend him. Unfortunately, the plan backfired and the Creationists WON, which set a precedent and anti-evolution laws were passed in even more states across the country. So while this is a viable strategy, it doesn't always pan out.

[pitoufsd]

I'm not sure what she is suing for? What bennies? She isn't retired. She said something about paying for her house, as a veteran, isn't she already permitted to get a VA home loan? What bennies is her wife not getting that other spouses get?

Disability compensation increases if you have dependents.

http://www.vba.va.gov/bln/21/Rates/comp01.htm

[PhotoSHOPadob]

The DOD is also a dept of the federal govt...they also do not make laws.

They also were the department getting sued to overturn DADT.

I understand what you are saying....VA has no choice but to follow the law congress passed. That is true. Same with the AF, when Witt sued.

Exactly - so I'm saying it was pointless for Witt to sue the Air Force. They were simply following policy same with VA. I mean someone can sue the federal government can't they? Then that's where DOJ comes in right? Because the Air Force didn't overturn DADT, the government did.

I just feel like it would be more beneficial for this woman to go sue the entity that would actually change the law because I guarantee the people running Dept of VAs is like "We would help you if we could. Hands are tied."

[wsbizwsa]

Exactly - so I'm saying it was pointless for Witt to sue the Air Force. They were simply following policy same with VA. I mean someone can sue the federal government can't they? Then that's where DOJ comes in right? Because the Air Force didn't overturn DADT, the government did.

Pointless? She won her case...and got DADT ruled unconstitutional in the process. Doesn't seem pointless to me.

I just feel like it would be more beneficial for this woman to go sue the entity that would actually change the law because I guarantee the people running Dept of VAs is like "We would help you if we could. Hands are tied." I'm fairly confident her case is filed appropriately.

[lmHVYs8e]

Is it just my imagination, or are most high profile lawsuits of this sort filed by females?

And if so, why is that? Is it perhaps because female gays are more accepted by American society that male?

[Tzqowwyt]

Is it just my imagination, or are most high profile lawsuits of this sort filed by females?

And if so, why is that? Is it perhaps because female gays are more accepted by American society that male?

Maybe homosexual guys are just more patient than homosexual women?? I don't know that there has been a significant number of lesbian veterans who have filed lawsuits like this to gauge that though.