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Cardona v. Shinseki, a challenge to Section 3 of DOMA, set for oral argument at appeals court

October 11, 2012

DOMA trials

By Scottie Thomaston

Oral argument in Cardona v. Shinseki is set for November 15, 2012 in the U.S. Court of Appeals for Veterans Claims. The case is a challenge to Section 3 of the Defense of Marriage Act and another statute affecting military spousal benefits. It was initially brought to the Board of Veterans’ appeals, where the servicemember was denied benefits because of Section 3 of DOMA.

This appeal is to the Court of Appeals for Veterans Claims, the next step in this military process.

Both Attorney General Eric Holder and the Department of Veterans’ Affairs agree that Section 3 of DOMA and the other statute are unconstitutional, and they have dropped their defense.

h/t Kathleen

11-3083 #165

Twitt

4 Comments Leave a Comment

  • 1. devon  |  October 11, 2012 at 10:45 am

    I wonder if Romney could force the VA to change their position on the unconstitutionality of DOMA if he's elected.

  • 2. Ray in Sacramento  |  October 11, 2012 at 12:07 pm

    From what I have read Romney believes a constitutional ban on same-sex marriage should be enacted. However, I read in the Dec. 12 Advocate that at one time he was for reinstating DADT and another time he was opposed to repealing DADT but he felt that reinstating it would be a "distraction". Hard to tell what old flip flop would do.

  • 3. Prop 8 Trial Tracker &raq&hellip  |  October 17, 2012 at 10:23 am

    [...] v. Shinseki, a challenge to Section 3 of the Defense of Marriage Act, is on appeal in the federal Court of Appeals for Veterans’ Claims. The case has been ongoing for over two years now, and [...]

  • 4. Prop 8 Trial Tracker &raq&hellip  |  November 27, 2012 at 10:02 am

    [...] 3 of DOMA, as well as another statute related to military benefits, by a military servicemember, oral argument was set for November 15 at the appeals court, in this case the US Court of Appeals for Veterans’ Claims. The case has [...]

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