U.S. District Judge Consuelo Marshall (born 1936, Carter appointee)
Posted on 08/30/2013 8:44:25 AM PDT by 2ndDivisionVet
All things considered, this was probably inevitable.
The Department of Veterans Affairs can no longer rely on its unique reading of federal law to refuse to provide full benefits to a California veteran in a same-sex marriage, a federal judge declared in a ruling filed late Thursday.
U.S. District Judge Consuelo Marshall of Los Angeles sided with Tracey Cooper-Harris of Pasadena, Calif., a 12-year Army veteran, who sued the VA for denying her full disability benefits because she is married to a woman.
The VA is the defendant in several lawsuits over its assertion that the Supreme Court’s decision in June striking down the Defense of Marriage Act didn’t apply to it.
The “unique reading of federal laws” in question here seems to boil down to the labyrinth of government regulations underlying top level decisions, not all of which are immediately updated when some huge redefinition takes place. Title 38 of the federal code deals with benefits to veterans, spouses, dependents, etc and has long included the definition of “spouse” as being a “person of the opposite sex.” Even though the decision in Windsor v US ran directly afoul of that, the regulations were still on the books and the VA was basing their rulings on them.
Rather than some sort of ideological battle between politically motivated combatants, it looks as if this was just a case of the military community doing what they always do… follow the regulations. This idea is supported by a previous comment on the subject by the department’s Secretary, Eric Shinseki.
“Should the … spousal definitions be revised or determined to be unconstitutional, VA will be prepared to update its policies and systems in a timely manner,” Shinseki wrote Aug. 14.
The judge was apparently not going to be content to wait around for the regulations to be rewritten, and has ordered the VA to take action – at least in this one case – immediately. Don’t be surprised, however, if that regulation gets updated pretty quickly now that this story has hit the press.
U.S. District Judge Consuelo Marshall (born 1936, Carter appointee)
full disability.....right......
but I’m glad that blacks are so socially conservative, or so I’ve been told....HA@!
Judges are not kings.
When are we going to stop letting them order us around.
Just say NO to tyrants!
mcauliffe holds an 11 point lead in the Governors race... wouldn’t surprise me if they legalize homo marriage, abortion and white genocide.
I have an ARMY t-shirt that I can no longer proudly wear in that it now promotes the homosexualist agenda. .
Ken Cuccinelli has been attacked by the Repubican Establishment in VA. Some of the Establishment have endorsed McAuliff, others have simply refused to back Ken. Internecene warfare.
Imagine if that amendment had been in effect these past hundred years.
It’s a fantastic idea.
It’ll never happen.
Imagine if that amendment had been in effect these past hundred years.
If it had been in effect, our country would be a totally different place today. Freerer, more prosperous, less division, the blacks would have advanced into middle class prosperity. Much, much different landscape.
And you thought that the legislatures made the law in this country. More fool you.
It’ll never happen.
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I'm sure the colonists never thought they'd have a free country out from under King George of Britain, either. But they worked and sacrificed and studied and pulled together and they did it!
Well it was ppp or public policy polling... 500 registered voters... and this is a leftard group so take it for what it is worth.
LLS
Cuccinelli is a moron, I’ll give them that. And he’s tied to a corrupt governor.
But still, if the truth is half as bad as that poll suggests, we’re in trouble. McAuliffe is a Clintonite chameleon.
I despise terry... I am praying that VA comes to its senses... no one is any more corrupt and evil than mcauliffe!
People in VA will be delighted; this way they can apologize for having never voted for GA Jimmy.
This is because of the DC suburbs with their popular northern liberals moving there. The little people in Roanoke, Radford, Front Royal, or Lynchburg can’t do a thing to stop any of these popular liberals now.
VA has had more than ample time to “come to its senses”, as you say, and the people there have failed over and over, just like CO.
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