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


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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)
Special Case Type
Out-of-court
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
Case Ongoing No
Additional Resources
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Links William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Brief of Appellee Secretary of Veterans Affairs
PB-CT-0008-0003.pdf | Detail
Date: 08/03/2011
Reply Brief of Appellee Secretary of Veterans Affairs
PB-CT-0008-0006.pdf | Detail
Date: 08/03/2011
In the Appeal of Carmen J. Cardona
PB-CT-0008-0001.pdf | Detail
Date: 08/30/2011
Appellant's Principal Brief
PB-CT-0008-0002.pdf | Detail
Date: 04/19/2012
Order (2012 WL 3264497)
PB-CT-0008-0005.pdf | WESTLAW | Detail
Date: 08/13/2012
Brief of Intervenor-Appellee Bipartisan Legal Advisory Group of the U.S. House of Representatives
PB-CT-0008-0004.pdf | Detail
Date: 08/31/2012
Appellant's Reply Brief
PB-CT-0008-0007.pdf | Detail
Date: 09/14/2012
Order (26 Vet.App. 472)
PB-CT-0008-0008.pdf | WESTLAW| LEXIS | External Link | Detail
Date: 03/11/2014
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
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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