News
Fed’l benefits issues linger post-DOMA for gay couples
Questions remain on Social Security, taxes, veterans benefits and family leave

Federal benefit issues for gay couples continue to linger after the Supreme Court ruling against the Defense of Marriage Act (Washington Blade photo by Michael Key).
Following the Supreme Court’s decision striking down the Defense of Marriage Act, the extent to which many federal benefits — taxes, Social Security, veterans benefits and family leave — will flow to married same-sex couples remains in question.
The Obama administration has extended certain benefits to married same-sex couples regardless of whether they live in the United States, but other benefits are still in limbo because of law, regulation or policy that determines whether a couple should be considered legally married.
Here’s a breakdown of these benefit categories and where they stand in terms of what’s obstructing their flow to married same-sex couples and what LGBT advocates see as the way forward:
1. SOCIAL SECURITY
Last week, the Social Security Administration announced for the first time it was starting to process retirement claims for married same-sex couples who apply for them in aftermath of the court decision on DOMA. But the extension of these benefits is limited.
On Friday, the agency published guidance indicating these benefits will flow to same-sex married couples living in states that recognize their unions, but couples that apply for these benefits in non-marriage equality states for the time being will have their requests placed on hold.
“Bill (the claimant) and Bob (the NH) marry in MA after MA recognizes same-sex marriage, but are domiciled Texas (TX),” the guidance says. “Bill files for husband’s benefits on Bob’s record. They meet all other factors of entitlement. Hold the claim.”
William “BJ” Jarrett, a Social Security spokesperson, confirmed on Monday the agency is processing some Social Security retirement spouse claims when the individual was married in a state that permits same-sex marriage and lives in a marriage-equality state at the time of application — or while the claim is pending a final determination. Still, he acknowledged other retirement claims are on hold.
“For all other claims, including Social Security survivors benefits, we continue to work with the Department of Justice on the development and implementation of policy and processing instructions,” Jarrett said. “We do, however, encourage individuals who believe they may be eligible for Social Security benefits to apply now to protect against the loss of any potential benefits.”
The reasoning for placing these claims on holds is statutory. Social Security law looks to the state of residence when a couple applies for benefits to determine if they’re married instead of looking to the place of celebration.
Even so, LGBT advocates say it’s possible for the Obama administration to interpret the Supreme Court ruling against DOMA in a broad way that allows them to offer Social Security benefits to a greater number of couples.
Michael Cole-Schwartz, a Human Rights Campaign spokesperson, indicated that no final decision has been with the assessment of these benefits as he encouraged the Obama administration to expand the benefits to additional couples.
“We are glad to see some couples getting benefits and that the door is still open for those couples living in non-marriage equality states,” Cole-Schwartz said. “We urge them to take the broadest interpretation to ensure the maximum numbers of same sex couples have access to benefits.”
Susan Sommer, a senior counsel at Lambda Legal, said her organization also believes gay couples in civil unions or domestic partnerships should also be eligible for Social Security benefits.
“We think that the laws reads for sure to includes those people who live in those states that have a civil union or domestic partnership, but waiting to hear from the Obama administration for confirmation on that point,” Sommer said.
But a statutory change may be necessary. In that event, Rep. Linda Sanchez (D-Calif.) has introduced Social Security Equality Act, which would enable gay couples to receive Social Security no matter where they live — even if their union isn’t a marriage, but a civil union or a domestic partnership.
“It is time for our government to stop telling gay and lesbian couples that they are second class citizens,” Sanchez said last week in a statement. “Same-sex couples pay into Social Security over the course of their working lives just like other Americans. They should receive the full benefits they have earned.”
2. TAXES
Another question is whether legally married same-sex couples throughout the country will be eligible for tax benefits — such as the exemption from the estate tax, the ability to jointly file and exemption from taxes on employer-provided spousal health benefits — in the wake of the DOMA decision. These couples are currently not receiving benefits if they live in states that haven’t legalized marriage equality.
That means if DOMA-lawsuit plaintiff Edith Windsor had moved to a non-marriage equality state like Alabama with Thea Spyer after marrying in Canada, she wouldn’t have been eligible for exemption from the estate tax as a result of her own lawsuit.
But what’s different about these benefits is that neither law nor regulation keeps these benefits from flowing to married same-sex couples that live in marriage equality states. It’s simply the policy of the Internal Revenue Service to look to the state of residence as opposed to the state of celebration in determining whether a couple is married.
Lambda’s Sommer pointed out that only policy is keeping the IRS from allowing these couples in non-marriage equality states to receive tax benefits entitled to other married couples.
“We are aware of no statute or even a regulation that prescribes a choice of law rule for determining the marital status for tax purposes,” Sommer said. “There’s no legal impediment to having the administration follow a place of celebration standard. It could so in addition to, say a place of domicile standard, which has been articulated in some tax court rulings, but still, in some circumstances, as a place of celebration rule.”
An IRS spokesperson referred to the statement currently on the agency’s website posted at the time of the Supreme Court in response to inquiry on whether IRS would implement tax benefits for married same-sex couples on the nationwide basis, regardless of their states of residence.
“We are reviewing the important June 26 Supreme Court decision on the Defense of Marriage Act,” the statement says. “We will be working with the Department of Treasury and Department of Justice, and we will move swiftly to provide revised guidance in the near future.”
3. VETERANS BENEFITS
Defense Secretary Chuck Hagel announced on the day the U.S. Supreme Court struck down DOMA that the Pentagon would comply the law to implement benefits for service members with same-sex spouses. But the question of whether veterans will be included as part of the package remains to be seen.
In U.S. Code, the Pentagon was previously unable to provide gay troops spousals benefits under Titles 10 and 32, which govern rights for service members, because of the Defense of Marriage Act. Now that the Supreme Court has struck down Section 3 of DOMA, those benefits should begin to flow.
However, the benefits under Title 38, which governs benefits for veterans, define spouse independently of DOMA in opposite-sex terms. Some of the benefits allocated under this law are disability benefits, survivor benefits and joint burial at a veteran’s cemetery. It’s unclear whether these benefits will begin to flow along with these other benefits because of the wording within the law.
Multiple media outlets are reporting that the Pentagon intends to have the benefits issue wrapped up by Aug. 31 along with the extension of benefits that were available under DOMA, such as military IDs, that were announced in February. Additionally, the U.S. Justice Department is required to file in McLaughlin v. Hagel, an ongoing DOMA lawsuit, to provide a status report by Sept. 9 on benefits afforded to gay troops addressing the Title 38 issue. An informed source told the Washington Blade the issue may be resolved as soon as this week.
Alex Nicholson, who’s gay and legislative director for Iraq & Afghanistan Veterans of America, said his organization has spoken about the issue with the administration and believes it has a “justifiable mandate” to afford these benefits to the legal spouses gay veterans.
“It’s not surprising that they’re taking their time to figure this out and do it right, but I think the mandate from the Supreme Court was clear enough that they could definitely move a little faster,” Nicholson said.
Lambda’s Sommer said the issue for gay veterans isn’t so much Title 38 because Title 1 of the U.S. Code should allow for a gender-neutral construction of this law. Still, she said other portions of the law related to veterans benefits could impact gay veterans seeking claims.
“In the veterans benefits area, there is also a statute kind of like what’s seen in the Social Security context that looks to the place of domicile at the time of celebration or when the right to the benefit has accrued,” Sommer said. “We’ll have to await guidance for how the administration will treat veterans who resided at the time of their marriage, and continue to live, in states that don’t respect their marriages.”
Lt. Cmdr. Nathan Christensen, a Pentagon spokesperson, said the Defense Department is working on the issue, but unable to provide additional information.
“The Department of Defense is working alongside the Department of Justice to implement the Court’s decision as quickly as possible,” Christensen said. “At this time no decisions have been made.”
In a statement provided to the Blade, the Department of Veterans Affairs similarly said the department was working to implement the benefits without providing anything conclusive on the extent to which they would flow.
“Our commitment to our Veterans and their families will continue to be our focus as we work to comply with recent Supreme Court decisions,” the statement says. “We are working closely with the Department of Justice to review relevant statutes and policies to implement any necessary changes to Federal benefits and obligations swiftly and smoothly in order to deliver the best services to all our nation’s Veterans.”
Here a change in the law may be required as well. The Charlie Morgan Act, introduced by Sen. Jeanne Shaheen (D-N.H.), would enable spousal benefits to flow to gay veterans. It was reported out of the Senate Committee on Veterans’ Affairs just prior to August recess.
4. FAMILY AND MEDICAL LEAVE
Yet another issue that related to family leave still persists a few days after the Labor Department issued guidance stating the Family & Medical Leave Act will apply to married same-sex couples in the wake of the Supreme Court decision against DOMA: Will the change apply to married same-sex couples in non-marriage equality states?
On Friday, Labor Secretary Thomas Perez issued guidance to department staff notifying them the Wage & Hour Division made the change as the result of the work with the Justice Department and calling the Supreme Court ruling against DOMA “a historic step toward equality for all American families.”
“As part of this process, the Department of Labor updated several guidance documents today to remove references to DOMA and to affirm the availability of spousal leave based on same-sex marriages under the Family and Medical Leave Act (FMLA),” Perez said. “This is one of many steps the Department will be taking over the coming months to implement the Supreme Court’s decision.”
The Family & Medical Leave Act entitles employees to take unpaid, job-protected leave for family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to 12 work weeks of leave in a year-long period for the birth of a child or to care for spouse and up to 26 work weeks of leave to care for a service member with a serious injury.
But under current policy, this post-DOMA application of the Family & Medical Leave Act won’t apply to married same-sex couples if they place of residence doesn’t recognize same-sex marriage. A Labor Department official said the Wage & Hour Division’s Family & Medical Leave Act regulations define “spouse” for purposes of marriage as recognized under the state law where an employee resides. All that would be required for to change this policy is a change in regulation.
Tico Almeida, president of Freedom to Work, called on the Labor Department to update the regulations so same-sex marriages are recognized by the state of celebration for family and medical leave purposes.
“The couple that lives in Alabama, flies to New York City for the weekend to get married and returns to Alabama deserves to have the same FMLA rights as the gay and lesbian couples that live in New York City,” Almeida said. “We want a 50-state solution, and that means recognizing same-sex marriages by the state of celebration, even though current FMLA regulations recognize marriage by the state of residency.”
The White House
Kennedy Center leadership changes as Trump ally Grenell departs
Numerous productions cancelled shows during gay Trump loyalist’s tenure
Longtime Trump ally and openly gay “Special Presidential Envoy for Special Missions of the United States” Richard Grenell is stepping down from his leadership role at the John F. Kennedy Center for the Performing Arts.
The story was first reported by Axios on March 13 before President Donald Trump made any official statements about the leadership change at the Kennedy Center, which has undergone a sweeping overhaul of rule changes and pro-Trump appointees to its board since Trump took office in 2025.
In addition to packing the Kennedy Center boardroom with loyalists and appointing himself chair of the board in February 2025, the Trump-Vance administration has placed the president’s name on the facade in an attempt to rename the center — despite the move being illegal without an act of Congress to officially change its name. The administration has also painted the building’s columns white and removed diverse programming.
Since these changes, multiple shows have pulled out of performing at the historic venue — including productions associated with the Washington National Opera.
Matt Floca, the former vice president of facilities operations at the national cultural center under Grenell, has been named the new head of the Kennedy Center, according to Trump.
The change is expected to be announced at a Kennedy Center board of directors meeting at the White House on Monday, which Trump is expected to attend.
“I am pleased to announce that Matt Floca, subject to the approval of the Board of Directors, will be named the Chief Operating Officer and Executive Director of THE TRUMP KENNEDY CENTER where, as Vice President of Operations, Matt has helped us achieve tremendous progress in bringing the Center to the highest level of Excellence!” Trump wrote in a post on Truth Social. “A Complete Reconstruction of THE TRUMP KENNEDY CENTER will begin after the July 4th Celebration, with a scheduled Grand Re-Opening in approximately two years.”
“Ric Grenell has done an excellent job in helping to coordinate various elements of the Center during the transition period, and I want to thank him for the outstanding work he has done,” the post added. “THE TRUMP KENNEDY CENTER will be, at its completion, the finest facility of its kind anywhere in the World! — President DONALD J. TRUMP.”
Grenell previously served as U.S. ambassador to Germany and later as acting director of national intelligence during Trump’s first term. He led the Kennedy Center during a period in which its programming was reshaped and new board members aligned with Trump were appointed. Trump also named himself chair of the board.
Congress approved $257 million in reconstruction funding for the Kennedy Center in last year’s spending package, a project estimated to take roughly two years to complete. Kennedy Center officials have also said they implemented increased cost-cutting measures — including large-scale layoffs — and that staff salaries are no longer being paid using debt reserves.
Actor Harvey Fierstein, a longtime critic of Trump’s takeover of the cultural institution and an award-winning openly gay performer, posted on Instagram celebrating Grenell’s departure.
“Good old anti-LGBTQ+ self-loathing dick licker, #RichardGrenell, is moving on to ruin something new under the auspices of our demented war-mongering MAGA fool Prez,” Fierstein wrote. “Maybe #RicGrennell can open a little boutique selling red baseball hats. But first, after destroying the Kennedy Center for the Arts, he’s earned a vacation. Maybe he and Kristi Noem can go puppy hunting together. They can tell each other tales of when they were once called ‘the best people’ and other fairy tales.”
Russia
Russian neocolonial politics promote anti-LGBTQ imperialistic values
Influence seen in neighboring countries
The idea that Western colonialism spread queerphobia around the globe is not something new for American millennials and Gen Z. It is well known among them that the British Empire brought “anti-sodomy” laws to some African countries, such as Uganda and Nigeria, as well as to South Asia.
But very few modern American and British people know the history of Russian colonialism, and the way Russian neocolonial politics is ruining the lives of queer people right now, in real time. It’s happening all across Eastern Europe, the Northern Caucasus, and Central Asia. Throughout these regions, the Kremlin promotes imperialistic values that include direct discrimination against queer people.
Let’s start with the most obvious example and move toward the less known ones.
In modern-day Ukraine, LGBTQ rights have become more visible and widely discussed than before the Revolution of Dignity. Even during the war, Ukraine has taken some steps forward in recognizing LGBTQ rights. For example, in 2025 the Desnianskyi District Court of Kyiv for the first time recognized a same-sex couple married abroad as legally married, and in 2026 the Supreme Court made a similar decision. LGBTQ people openly serve in the Ukrainian military.
But the situation with LGBTQ rights in Russian-occupied Crimea and Donbas is completely different.
Ukrainian LGBTQ citizens are persecuted by Russian military forces. Materials with positive LGBTQ representation are banned because of Russia’s “anti-propaganda” laws. Transgender people cannot access gender-affirming therapy. According to people currently living in occupied Donbas, LGBTQ teenagers have been subjected to conversion therapy after being taken from supportive families and sent to Russia.
Russia is not shy about this policy. The war against LGBTQ people — and Ukraine’s growing openness toward LGBTQ rights — has been used as one of the official justifications for Russia’s attack on Ukraine. Russian politicians have repeated this narrative, and so has the leader of the largest Russian Christian church closely connected to the government. In 2022 the head of the Russian Orthodox Church openly claimed that the war in Ukraine was happening because people in Donbas did not want gay pride parades. The claim is absurd. First and foremost, people in Donbas do not want to be bombed — and I say this as someone who was born there.
This blatant Russian attempt to destroy LGBTQ rights on foreign land did not start in Ukraine, just as Russian colonialism itself did not start there. The Soviet Union was famous for criminalizing homosexuality.
When the Soviet Union collapsed in 1991, Soviet republics gained independence, including the Chechen Republic of Ichkeria. Chechen people had many grievances against the Kremlin, including the genocide committed against Chechen and Ingush people by Joseph Stalin in 1944. There was also resentment over the Soviet attempt to erase Chechen identity. Despite Chechens having a completely different culture, language group, and traditions from Slavic Russia, Ukraine, and Belarus, the Soviet government tried to assimilate them and make them more “Slavic.”
In the new Russia that emerged after the Soviet collapse, Chechens struggled to rent apartments in Moscow and were frequently ridiculed for being Muslim. Racial slurs like “black-assed” were commonly used against Chechen students in Russia. In 1994, Russia decided to “civilize” independent Chechnya and launched an unprovoked attack, only to lose the war to this small Muslim nation of fewer than one million people in 1997. When Vladimir Putin came to power, he built his popularity partly by launching the Second Chechen War and occupying Chechnya.
Today Chechnya is ruled by Ramzan Kadyrov, an extremely unpopular leader imposed on the region through pressure and blackmail from the Russian military. It was under Kadyrov that the infamous purge of gay people — described in David France’s HBO documentary “Welcome to Chechnya” — began. But the documentary failed to explain the broader context. As many Chechen activists and ordinary people told me — people who refused to give their names to a foreign LGBT outlet because of the risks to themselves and their relatives — Chechen society has never been explicitly queerphobic. Chechens are proud of having traditions of democracy dating back to the Middle Ages and of respecting individual freedom and family rights.
This is exactly where discussions about sexuality traditionally belong in Chechen social norms: inside the family. Family is almost sacred to Chechens. Every Chechen knows seven generations of their paternal ancestors and stays in contact with uncles, aunts, and cousins. Later, Russia weaponized these family structures by blackmailing and torturing even distant relatives of activists.
For generations, matters of sex were considered private family affairs that the state — an independent Chechen state — should never interfere with. This does not mean Chechnya was especially LGBTQ-friendly. Parents and siblings may be queerphobic — or may not — and society would not question it. But police, commenting on private sexual relationships? This is an abomination!
This is exactly what the Russian occupational authorities introduced. They turned the private into the public, kidnapping and torturing queer people as part of a wider colonial campaign of repression. It was never just about gay people. The authorities also targeted people who subscribed to opposition channels online, spoke against the Kremlin, wore the “wrong” clothes or the “wrong” kind of beard, or listened to prohibited music.
It was never just about gay people. In occupied Chechnya, it has always been about colonial control. Moreover, as my Chechen respondents pointed out, “Welcome to Chechnya” tells the story largely from the perspective of Russian LGBTQ activists. Some of them also have colonial ways of viewing the Northern Caucasus. This is why the film “forgets” to mention that many gay people who were rescued by activists left Chechnya with the active help of their own parents and siblings.
Another example of Russian interference in predominantly Muslim nations can be seen in Kazakhstan, one of the largest countries in Central Asia. In the West, it is not widely known that Kazakh people living in Slavic regions of Russia face everyday discrimination. They are often targets of anti-immigrant hatred similar to the way Mexicans are treated in the United States. In everyday life they are frequently called “churkas,” an extremely derogatory racist slur roughly comparable to the English N-word. When I lived in Russia, almost everyone I knew — even progressive people — used this word from time to time against Kazakh immigrants.
Despite all of that, the Kazakh government has aligned itself closely with the Kremlin. Late last year, the Kazakh parliament adopted an anti-LGBTQ law similar to the Russian one. The law followed earlier bans in Kyrgyzstan in 2023 and Georgia in 2024 and prohibits the dissemination of information about “non-traditional sexual orientation,” affecting culture, education, advertising, media, and cinema.
Critics called these laws a “copycat” of Russian policy and part of Moscow’s colonial influence.
“Are we an independent and sovereign republic, or are we a colony of the Russian Federation?” prominent Kazakh LGBTQ activist and feminist Zhanar Sekerbayeva asked during a press conference.
“As an educated and intelligent woman … I cannot understand why lawmakers allow themselves to violate the fundamental law of the constitution,” she said.
It was therefore not surprising that in February 2026 a criminal case was opened against Sekerbayeva for allegedly “promoting LGBT” during a peaceful gathering at the “French Café.” The real reason, however, is more likely not just her LGBTQ activism but her opposition to pro-Russian politicians.
In Georgia, pro-Russian political movements similarly weaponized anti-LGBTQ conspiracies to mobilize opposition against the European Union. These movements falsely claim that Brussels demands “LGBT propaganda” and threatens “traditional family values.”
This conspiracy narrative has even been supported by Belarus’s dictator Alexander Lukashenko, who said he is “scared for Georgia” because Europe allegedly promotes LGBTQ rights there. Of course, Belarus itself has no meaningful legal protections for LGBTQ people — and it is unlikely to develop them while its leadership is protected by the Kremlin.
The list could continue. In Moldova, another post-Soviet country, the last widely promoted study of schooling has shown that LGBTQ teenagers are among the most vulnerable students in schools, facing bullying from peers, parents, and even teachers. Once again, pro-Russian politicians in Moldova actively use anti-LGBTQ rhetoric that contributes to this hostile environment.
Of course, Russia is not the single reason for queerphobia in post-Soviet countries. There are many other factors, from everyday stereotypes to the influence of American fundamentalist groups on local conservative movements. But Russia remains the main force preventing these countries from developing independent LGBTQ policies. Local queerphobia is a target audience for Russia, and anti-LGBTQ narratives have become an inseparable part of Russian neo-colonial politics.
Federal Government
Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House
Andry Hernández Romero had asked for asylum in US
A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.
Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.
The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”
President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.
Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.
Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.
“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.”
Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.
Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.
‘Due process and accountability cannot be optional’
Immigrant Defenders Law Center on Friday also made the following demands:
- The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released.
- The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.
- DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.
- DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.
- Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.
“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.”
“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.”
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