Case No.

11-3083

EQCF Dkt #197 Filed 09/09/2013

IN THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS CARMEN J. CARDONA, Appellant, v. ERIC K. SHINSEKI, Secretary of Veterans Affairs, Appellee. ) ) ) ) ) ) ) ) ) )

Vet. App. No. 11-3083

NOTICE TO THE COURT Appellee, Eric K. Shinseki, Secretary of Veterans Affairs (Secretary), by his undersigned counsel, hereby notifies the Court and the parties that, in accordance with the direction of the President, the Secretary has ceased enforcement of the definitions of “spouse” and “surviving spouse” in sections 101(31) and 101(3) of title 38 of the United States Code to the extent that they limit the provision of veterans’ benefits to married couples of the opposite sex. On September 4, 2013, Eric H. Holder, Jr., Attorney General, informed Congress that the President directed the Executive Branch to cease enforcement of the title 38 provisions to the extent that they preclude recognition of same-sex marriages valid under state law. Letter from Att’y Gen. to the Hon. Speaker of the U.S. House of Representatives John Boehner (Sept. 4, 2013). Accordingly, the

Secretary has ceased to enforce the provisions of sections 101(31) and 101(3) of title 38 to the extent that they prohibit recognition of legally married same-sex couples. The Secretary will inform Members of Congress of this decision pursuant to 28 U.S.C. § 530D(a)(1)(A), (e).

Respectfully submitted, WILL A. GUNN General Counsel DAVID L. QUINN Acting Assistant General Counsel /s/ Carolyn F. Washington CAROLYN F. WASHINGTON Deputy Assistant General Counsel /s/ Ronen Morris RONEN MORRIS Appellate Attorney Office of the General Counsel (027D) U.S. Department of Veterans Affairs 810 Vermont Avenue, N.W. Washington, DC 20420 (202) 632-7113 Attorneys for Appellee Secretary of Veterans Affairs

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