Main | Thursday, October 13, 2011

Disabled Sailor Sues Over DOMA

Yet another anti-DOMA lawsuit, but this one's from a new angle.
The former sailor, Carmen Cardona of Norwich, married her partner in Connecticut last year. But when she applied for an increase in her monthly disability compensation because she was newly married, the Department of Veterans Affairs regional office in Hartford rejected her application, citing a federal statute that defines a spouse as “a person of the opposite sex.” In a case to be filed before the Court of Appeals for Veterans Claims, a special federal court in Washington that handles disputes over veterans benefits, Ms. Cardona’s legal team from the Veterans Legal Services Clinic at Yale Law School will argue that the government’s definition violates her Fifth Amendment right to due process. The lawyers intend to file their notice to appeal on Thursday.

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