University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Cardona v. Shinseki PB-CT-0008
Docket / Court No. 11-3083 (Vet. App.) ( No Court )
State/Territory Connecticut
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization Jerome N. Frank Legal Services Organization (Yale)
Case Summary
Plaintiff is a disabled Navy veteran who was legally married to her same-sex spouse in Connecticut, but was denied an increase in her monthly disability benefits by the Department of Veterans Affairs because she and her spouse were a same-sex couple; the VA said that the Defense of Marriage Act ( ... read more >
Plaintiff is a disabled Navy veteran who was legally married to her same-sex spouse in Connecticut, but was denied an increase in her monthly disability benefits by the Department of Veterans Affairs because she and her spouse were a same-sex couple; the VA said that the Defense of Marriage Act (DOMA) precluded recognition of their same-sex marriage.

Plaintiff appealed the decision to the Court of Appeals for Veterans Claims (CAVC) on October 13, 2011. The case was stayed pending the U.S. Supreme Court's decision in Windsor v. United States (PB-NY-0017 in this Clearinghouse). Following that decision, on March 11, 2014, the CAVC dismissed the case as moot after the Department of Veterans Affairs said that it would neither defend nor enforce DOMA.

Darren Miller - 11/26/2012
- 11/06/2014


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Discrimination-basis
Sexual orientatation
General
Disparate Treatment
Gay/lesbian/transgender
Marriage
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Causes of Action None on record
Defendant(s) Department of Veterans Affairs
Plaintiff Description Plaintiff is a disabled Navy veteran legally married to her same-sex spouse in Connecticut, but denied an increase disability benefits because she and her spouse were the same sex.
Indexed Lawyer Organizations Jerome N. Frank Legal Services Organization (Yale)
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple‚Äôs 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Brief of Appellee Secretary of Veterans Affairs 08/03/2011
PB-CT-0008-0003.pdf | Detail
Reply Brief of Appellee Secretary of Veterans Affairs 08/03/2011
PB-CT-0008-0006.pdf | Detail
In the Appeal of Carmen J. Cardona 08/30/2011
PB-CT-0008-0001.pdf | Detail
Appellant's Principal Brief 04/19/2012
PB-CT-0008-0002.pdf | Detail
Order 08/13/2012 (2012 WL 3264497)
PB-CT-0008-0005.pdf | WESTLAW | Detail
Brief of Intervenor-Appellee Bipartisan Legal Advisory Group of the U.S. House of Representatives 08/31/2012
PB-CT-0008-0004.pdf | Detail
Appellant's Reply Brief 09/14/2012
PB-CT-0008-0007.pdf | Detail
Order 03/11/2014 (26 Vet.App. 472)
PB-CT-0008-0008.pdf | WESTLAW| LEXIS | Detail
Document Source: Plaintiffs' counsel
Judges Canady, Charles Court not on record
PB-CT-0008-0004
Eskenazi, Laura H. (Fed. Circuit)
PB-CT-0008-0001
Kasold, Bruce E. (Fed. Circuit)
PB-CT-0008-0005 | PB-CT-0008-0008
Monitors/Masters None on record
Plaintiff's Lawyers Wishnie, Michael J. (Connecticut)
PB-CT-0008-0001 | PB-CT-0008-0002 | PB-CT-0008-0007
Defendant's Lawyers Campbell, R. Randall (District of Columbia)
PB-CT-0008-0003 | PB-CT-0008-0006
Gunn, Will A. (District of Columbia)
PB-CT-0008-0003 | PB-CT-0008-0006
Morris, Ronen (District of Columbia)
PB-CT-0008-0003 | PB-CT-0008-0006
Washington, Carolyn F. (District of Columbia)
PB-CT-0008-0003 | PB-CT-0008-0006
Other Lawyers Bartolomucci, H. Christopher (District of Columbia)
PB-CT-0008-0004
Clement, Paul D. (District of Columbia)
PB-CT-0008-0004
Davenport, Christine (District of Columbia)
PB-CT-0008-0004
Kasold, Bruce E. (District of Columbia)
PB-CT-0008-0005 | PB-CT-0008-0008
Kircher, Kerry W. (District of Columbia)
PB-CT-0008-0004
Nelson, Nicholas J. (District of Columbia)
PB-CT-0008-0004
Pittard, William (District of Columbia)
PB-CT-0008-0004
Tatelman, Todd B. (District of Columbia)
PB-CT-0008-0004
Walker, Mary Beth (District of Columbia)
PB-CT-0008-0004

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