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There is no reason for the VA to look to state law to glean marital status except for an antiquated idiosyncrasy. Fixing this idiosyncrasy (which is, again, in a federal law) would do nothing to disrespect any state....Lately, some federal judges have suggested that gay rights advocates forego lawsuits in favor of democratic remedies. But if democracy can’t even get equal benefits to the spouses of gay servicemembers, we shouldn’t have much hope that it’ll bring gay citizens anything close to equal justice.

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