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.”
India
Activists push for better counting of transgender Indians in 2026 Census
2011 count noted 488,000 trans people in country
India is preparing to conduct a nationwide Census in April, the first since 2011.
Interim projections based on the previous Census placed India ahead of China as the world’s most populous country. A Technical Group on Population Projections projection in July 2020, chaired by the Registrar General of India, estimated the country’s population in 2023 was 1.388 billion. Transgender Indians are now raising concerns about the data collectors and their sensitization.
Activists have raised concerns about whether data collectors are adequately sensitive to the community ahead of the Census. Government training material emphasizes household engagement, data privacy and sensitivity while asking personal questions, but publicly available flyers do not outline specific guidance or training related to recording trans identity during enumeration.
Concerns around the counting of trans people in India are not new.
The 2011 Census recorded around 488,000 trans people, a figure activists and researchers have described as a likely undercount due to stigma, misclassification, and a reluctance to self-identify. Subsequent surveys and field reports have pointed to inconsistencies in how gender identity is recorded and the absence of uniform sensitivity among Census data collectors. Rights groups and policy researchers have also warned that gaps in official data affect access to welfare schemes, legal recognition, and targeted public policy, making accurate counting central to future Census exercises.
A decade after the 2011 Census formally recorded trans people as a distinct category, multiple studies have continued to document entrenched socio-economic disparities. Research has pointed to lower literacy rates, limited workforce participation and barriers to healthcare access within the community.
A National Human Rights Commission-supported study cited in subsequent reporting found a significant proportion of trans respondents reported employment discrimination, underscoring the gap between formal recognition and lived economic inclusion.
Educational exclusion has remained a persistent concern within the trans community. Studies have documented higher dropout rates, lower literacy levels and barriers to continuing education, often linked to stigma, discrimination and limited institutional support. Policy researchers note that despite formal recognition in official data after 2011, targeted interventions addressing school retention and access for trans people have remained uneven.
Access to housing schemes has reflected similar gaps.
The Washington Blade in December reported only a small number of trans people have benefited from India’s flagship low-income housing program, despite its nationwide rollout and eligibility provisions. The findings underscored continuing barriers to inclusion in welfare delivery systems.
The Social Justice and Empowerment Ministry and the Office of the Registrar General and Census Commissioner did not respond to the Blade’s multiple requests for comment regarding sensitization measures for Census data collectors and the recording of trans identity in the upcoming Census.
Karnataka state in southern India last September conducted its first statewide baseline survey of gender minorities. The Department of Women and Child Development, in collaboration with the Karnataka State Women’s Development Corporation, launched the initiative to document the lives of trans people across 31 administrative districts.
When the results were released, the survey identified 10,365 trans people. The country’s 2011 Census, by comparison, recorded 20,266 trans people in Karnataka, nearly double the 2025 figure. The discrepancy raised questions about how the state’s recorded trans population appeared to decline over 14 years.
The discrepancy in Karnataka’s survey has intensified scrutiny over how gender minorities are counted. Reports questioned the methodology used in the 2025 exercise, which was conducted over 45 days beginning in mid-September. Instead of door-to-door enumeration, trans people were required to report to designated registration sites — primarily district-level public hospitals and sub-district government health facilities. The approach presented barriers for potential participants, particularly those in rural areas, those without reliable transportation, those wary of institutional settings due to prior discrimination, or those who did not know about the count, raising the possibility of exclusion.
Bihar state in eastern India in January 2023 conducted a caste-based survey that included trans respondents.
The final report identified 825 trans people in the state, compared with 40,827 recorded in the 2011 Census. Activists disputed the figure, calling it inaccurate and pointing to community estimates that suggested higher numbers, including in Patna, the state capital, raising concerns about significant undercounting.
The 2011 Census marked the first attempt to enumerate trans people at the national level, but researchers and activists have described the exercise as limited in scope.
It recorded 487,803 people under the “other” category, a classification used for respondents who did not identify as male or female. Analysts have argued that the figure likely underestimated the community’s size.
The Census questionnaire provided three sex categories — “male,” “female,” and “other” — a framework that critics said did not fully capture the diversity of gender identity and may have affected how some respondents chose to identify.
During the 2011 Census, enumeration practices varied across regions.
In states such as Tamil Nadu, local reporting indicated estimates were at times derived from existing administrative records, including state-issued trans identity cards, rather than solely through door-to-door identification. Such approaches risked excluding individuals who did not possess identity documentation or were not registered with welfare boards, raising concerns about gaps in coverage.
Official data from the Social Justice and Empowerment Ministry shows only a few hundred trans people as of early 2025 have been issued identity cards through the national portal, despite nearly 2,000 applications being submitted. Many are still pending or have been rejected.
Critics of the 2011 Census said many Census data collectors were not adequately trained or sensitized to engage with gender identity beyond traditional binary classifications. Similar, detailed guidelines specific to trans sensitization have not been publicly made available for the 2026 Census, according to an examination of training materials and official circulars.
Akkai Padmashali, a trans rights activist, told the Blade that Census data collectors in earlier exercises were often not sensitized and lacked awareness of intersex people and gender-diverse communities. She said trans people and other gender and sexual minorities continue to face social exclusion and require careful handling during door-to-door data collection. Padmashali called for targeted training of data counting officers and said the government should treat the issue as a priority, adding the trans population is likely to be higher than what was recorded in 2011 and efforts to make officials more sensitive to the community are necessary.
“We will definitely join our hands with this move the government of India has taken,” said Padmashali. “I think there should be proper guidance from the main in-charge people who are conducting this enumeration, and if no such proper information is given to these Census data collectors, it is difficult to gather any sort of information concerned.”
“This whole issue of self-identification — I think India, in its current situation, is not in such a way that it openly accepts people’s identities,” she added. “It will be challenging, it will be difficult, it will be a struggle to offer people the opportunity to express their identities as concerned. But to make sure those who are part of the sexual minority community are counted, I think we also take responsibility for educating people to be part of the enumeration.”
Padmashali said many people are not accustomed to using mobile devices and only a limited number are familiar with them. She said technology should not mislead or misguide the collection of information. Padmashali added she and other trans people plan to engage with Census data collectors and officials who organize the Census.
“Government should have local meetings,” said Padmashali. “Government should hold regional consultations on why the national enumeration is important, because we also know that from 2011 to 2026 is almost 15 years, and now we are here.”
“The government should hold local meetings, especially in their constituencies,” she added. “If the government meets with non-government organizations and civil society groups, this could become a more inclusive exercise across the country. India has a population of more than 1.4 billion, and I think this is the appropriate time to bring accurate statistics to help draft policies in the context of the larger community concerned.”
District of Columbia
Capital Pride board member resigns, alleges failure to address ‘sexual misconduct’
In startling letter, Taylor Chandler says board’s inaction protected ‘sexual predator’
Taylor Lianne Chandler, a member of the Capital Pride Alliance Board of Directors since 2019 who most recently served as the board’s secretary, submitted a letter of resignation on Feb. 24 that alleges the board has failed to address instances of “sexual misconduct” within the Capital Pride organization.
The Washington Blade received a copy of Chandler’s resignation letter one day after she submitted it from an anonymous source. Chandler, who identifies as transgender and intersex, said in an interview that she did not send the letter to the Blade, but she suspected someone associated with Capital Pride, which organizes D.C.’s annual LGBTQ Pride events, “wants it out in the open.”
“It is with a heavy heart, but with absolute clarity, that I submit my resignation from the Capital Pride Alliance Board of Directors effective immediately,” Chandler states in her letter. “I have devoted nearly ten years of my life to this organization,” she wrote, pointing to her initial involvement as a volunteer and later as a producer of events as chair of the organization’s Transgender, Gender Non-Conforming, and Intersex Committee.
“Capital Pride once meant something profound to me – a space of safety, visibility, and community for people who have often been denied all three,” her letter continues. “That is no longer the organization I am part of today.”
“I, along with other board members, brought forward credible concerns regarding sexual misconduct – a pattern of behavior spanning years – to the attention of this board,” Chandler states in the letter. “What followed was not accountability. What followed was retaliation. Rather than addressing the substance of what was reported, officers and fellow board members chose to chastise those of us who came forward.”
The letter adds, “This board has made its priorities clear through its actions: protecting a sexual predator matters more than protecting the people who had the courage to come forward. … I have been targeted, bullied, and made to feel like an outsider for doing what any person of integrity would do – telling the truth.”
In response to a request from the Blade for comment, Anna Jinkerson, who serves as chair of the Capital Pride board, sent the Blade a statement praising Taylor Chandler’s efforts as a Capital Pride volunteer and board member but did not specifically address the issue of alleged sexual misconduct.
“We’re also aware that her resignation letter has been shared with the media and has listed concerns,” Jinkerson said in her statement. “When concerns are brought to CPA, we act quickly and appropriately to address them,” she said.
“As we continue to grow our organization, we’re proactively strengthening the policies and procedures that shape our systems, our infrastructure, and the support we provide to our team and partners,” Jinkerson said in her statement. “We’re doing this because the community’s experience with CPA must always be safe, affirming, empowering, and inclusive,” she added.
In an interview with the Blade, Chandler said she was not the target of the alleged sexual harassment.
She said a Capital Pride investigation identified one individual implicated in a “pattern” of sexual harassment related behavior over a period of time. But she said she was bound by a Non-Disclosure Agreement (NDA) that applies to all board members and she cannot disclose the name of the person implicated in alleged sexual misconduct or those who came forward to complain about it.
“It was one individual, but there was a pattern and a history,” Chandler said, noting that was the extent of what she can disclose.
“And I’ll say this,” she added. “In my opinion, with gay culture sometimes the touchy feely-ness that goes on seems to be like just part of the culture, not necessarily the same as a sexual assault or whatever. But at the same time, if someone does not want those advances and they’re saying no and trying to push you away and trying to avoid you, then it makes it that way regardless of the culture.”
When asked about when the allegations of sexual harassment first surfaced, Chandler said, “In the past year is when the allegation came forward from one individual. But in the course of this all happening, other individuals came forward and talked about instances – several which showed a pattern.”
Chandler’s resignation comes about five months after Capital Pride Alliance announced in a statement released in October 2025 that its then board president, Ashley Smith, resigned from his position on Oct. 18 after Capital Pride became aware of a “claim” regarding Smith. The statement said the group retained an independent firm to investigate the matter, but it released no further details since that time. Smith has declined to comment on the matter.
When asked by the Blade if the Smith resignation could be linked in some way to allegations of sexual misconduct, Chandler said, “I can’t make a comment one way or the other on that.”
Chandler’s resignation and allegations come after Capital Pride Alliance has been credited with playing the lead role in organizing the World Pride celebration hosted by D.C. in which dozens of LGBTQ-related Pride events were held from May through June of 2025.
The letter of resignation also came just days before Capital Pride Alliance’s annual “Reveal” event scheduled for Feb. 26 at the Hamilton Hotel in which the theme for D.C.’s June 2026 LGBTQ Pride events was to be announced along with other Pride plans.
District of Columbia
Capital Stonewall Democrats elect new leaders
LGBTQ political group set to celebrate 50th anniversary
Longtime Democratic Party activists Stevie McCarty and Brad Howard won election last week as president and vice president for administration for the Capital Stonewall Democrats, D.C.’s largest local LGBTQ political organization.
In a Feb. 24 announcement, the group said McCarty and Howard, both of whom are elected DC Advisory Neighborhood Commissioners, ran in a special Capital Stonewall Democrats election to fill the two leadership positions that became vacant when the officers they replaced resigned.
Outgoing President Howard Garrett, who McCarty has replaced, told the Washington Blade he resigned after taking on a new position as chair of the city’s Ward 1 Democratic Committee. The Capital Stonewall Democrats announcement didn’t say who Howard replaced as vice president for administration.
The group’s website shows its other officers include Elizabeth Mitchell as Vice President for Legislative and Political Affairs, and Monica Nemeth as Treasurer. The officer position of secretary is vacant, the website shows.
“As we look toward 2026, the stakes for D.C. and for LGBTQ+ communities have never been clearer,” the group’s statement announcing McCarty and Howard’s election says. “Our 50th anniversary celebration on March 20 and the launch of our D.C. LGBTQ+ Voter’s Guide mark the beginning of a major year for endorsements, organizing, and coalition building,” the statement says.
McCarty said among the organization’s major endeavors will be holding virtual endorsement forums where candidates running for D.C. mayor and the Council will appear and seek the group’s endorsement.
Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to Capital Stonewall Democrats. McCarty said the 50th anniversary celebration on March 20, in which D.C. Mayor Muriel Bowser and members of the D.C. Council are expected to attend, will be held at the PEPCO Gallery meeting center at 702 8th St., N.W.
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