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Married gay couples reap benefits from DOMA ruling

But some encounter confusion, delays from employers

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Mary Glantz, Michelle Schohn, Gay Marriage, Gay News, Washington Blade
Mary Glantz, Michelle Schohn, Gay Marriage, Gay News, Washington Blade

Mary Glantz and Michelle Schohn of Arlington, Va., at their Provincetown, Mass., wedding in November 2009. (Photo courtesy of Michelle Schohn)

The majority of legally married gay couples with whom the Washington Blade has spoken in recent days said they have had little difficulty receiving benefits for their spouses after the U.S. Supreme Court found a portion of the Defense of Marriage Act (DOMA) unconstitutional.

Michelle Schohn of Arlington, Va., a State Department employee who married her partner of 14 years, Mary Glantz, in Provincetown, Mass., in 2009, told the Blade on Tuesday from Estonia that the agency’s HR personnel recognized the couple as married “within hours” after she faxed them a copy of their marriage license. The couple was also able to update their federal life insurance policy.

Schohn said the USAA also pre-approved her and Glantz for a mortgage to potentially buy a home in Maryland as a married couple.

“It’s been amazingly straight-forward and very easy,” Schohn, who was the president of the Gays and Lesbians in Foreign Affairs Agencies from 2008-2009, said. “The several people that I’ve worked with so far have been very friendly and accommodating. I haven’t had any kind of pushback from anyone.”

The Office of Personnel Management on June 28 issued a memorandum that outlined the benefits for which legally married gay and lesbian federal employees and their children or stepchildren are now eligible. These include health, dental, vision, life and long-term insurance, retirement benefits and the ability to submit claims for medical expenses through flexible spending accounts.

Alex Hardin, who works in the State Department’s Bureau of European Affairs, told the Blade during GLIFAA’s monthly happy hour at the Capitol Skyline Hotel in Southwest D.C. on Tuesday that he and his partner, who is from Japan, are planning to get married in the nation’s capital later this summer.

The DOMA decision opened the door for legally married gays and lesbians to sponsor their foreign-born partners for immigration purposes.

Secretary of Homeland Security Janet Napolitano on July 1 said her agency will treat marriage-based green card applications from same-sex bi-national couples the same as those submitted by heterosexuals.

Hardin’s partner already has a green card, but he told the Blade the Supreme Court’s DOMA ruling eliminates any uncertainty over the status of their relationship once they tie the knot.

“Now we can feel more comfortable knowing that we’re going to be married, we’re going to have the rights and privileges of everybody else,” Hardin said.

Eleven states and D.C. currently allow same-sex marriage. Gays and lesbians will be able to legally tie the knot in Minnesota and Rhode Island on Aug. 1.

The American Civil Liberties Union on Tuesday filed a lawsuit that challenges Pennsylvania’s statuary ban on nuptials for gays and lesbians. The group also plans to contest constitutional amendments in Virginia and North Carolina that define marriage as between a man and a woman.

The ACLU and the National Center for Lesbian Rights in March petitioned the New Mexico Supreme Court to rule on whether same-sex couples can legally marry in the state. Same-sex marriage lawsuits have also been filed in Michigan and Nevada, while motions have been filed in Illinois and New Jersey that seek expedited rulings in cases that seek nuptials for gays and lesbians in the two states.

The Human Rights Campaign, Freedom to Marry and other groups have also launched campaigns to challenge same-sex marriage bans in Arkansas, Florida, Oregon and other states.

Missy Novak of South Deerfield, Mass., contacted the company for which she and her wife both work after the Supreme Court issued its DOMA decision to see whether they and their daughter are now eligible for a family health insurance plan.

The company issued a memo that said “guidance is anticipated” from the Internal Revenue Service and the Department of Labor on “how the ruling affects the laws they enforce.”

Novak said the company told her on Tuesday that it is still waiting to hear from the two agencies.

“We’re kind of eager to hear back from our employer on when are you guys going to be changing this,” she told the Blade.

OPM has said in a series of memos it released after the DOMA ruling that federal gay employees who have entered into civil unions will remain ineligible for most of the benefits that legally married same-sex couples are now able to receive.

GLIFAA President Ken Kero-Mentz said retirement plans are among the issues that still need to be sorted out.

He described the impact of the DOMA decision — specifically the impact it has had on immigration and insurance benefits for gays and lesbians who were unable to obtain federal health insurance benefits while living overseas with their same-sex spouses — as “enormous.”

“DOMA had a particularly hateful effect, especially for us in the foreign service community,” Kero-Mentz said. “We’re able to celebrate that much more within our smaller community because these two massive barriers have now been lifted.”

Melissa Hale, Ayden Novak, Missy Novak, Gay News, Washington Blade

Melissa Hale and Missy Novak of South Deerfield, Mass., and their daughter, Ayden Novak (Photo courtesy of Missy Novak)

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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