Judge refuses to toss gay Calif. veteran's lawsuit LOS ANGELES (AP) — A lawsuit brought by a lesbian Army veteran and her wife over the denial of disability benefits can move forward over the objections of the Department of Justice, a federal judge in California ruled Monday. Citing the Defense of Marriage Act, which prohibits the government from recognizing same-sex marriages, and veterans' benefits laws that define a spouse as a person of the opposite sex, the VA denied the couple's application for additional money and benefits that married veterans are entitled to receive.