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.”
Local
D.C.’s affirming congregations to mark Holy Week, Easter
Dignity Washington among groups holding events
LGBTQ-friendly congregations in the D.C. area this week are marking Easter and Holy Week.
The Metropolitan Community Church of Washington, D.C., located in Mount Vernon Square, holds both online and in-person services.
An online-only Good Friday service will take place on April 3 at 7 p.m. In person or online Resurrection Sunday services will take place on April 5 at 10:30 a.m.
Dignity Washington, an LGBTQ Catholic group, is also holding Holy Week and Easter events.
The group on March 29 held a Palm Sunday prayer event. Dignity Washington on April 5 will hold a Mass at St. Margaret’s Episcopal Church at 6 p.m. It will be livestreamed on Facebook.
Foundry United Methodist Church holds two Easter Sunday services at 9 and 11:15 a.m.
Riverside Baptist Church, located in Southwest Washington, is an “Inclusive, Multicultural, Christ-Centered” congregation that also offers Holy Week and Easter activities.
The church on Good Friday at 3 p.m. is holding an outreach period in which they will clean up the neighborhood. Easter Sunday services will be held at 9:45 a.m., starting with a musical prelude, followed by services.
The church offers weekly “Wednesday Witness,” a youth and safety zone drop-in, serving as a safe space for the students of Jefferson Middle School and the community. It takes place from 3-5 p.m.
The DC LGBTQ+ Community Center offers a comprehensive list of inclusive faith communities on its website. The Association of Welcoming and Affirming Baptists offers a list of churches partnered with their organization that are inclusive and mainly Baptist, but the group does feature churches of other denominations.
The 18th National Rainbow Seder took place at the Human Rights Campaign on March 29. The sold out event is the country’s largest Passover Seder for the Jewish LGBTQ community.
Organizations behind the event included Bet Mishpachah, a local D.C. LGBTQ synagogue that Rabbi Jake Singer-Beilin leads, and GLOE, an Edlavitch DC Jewish Community Center program that sponsors events for the queer Jewish community. The theme for this year’s Seder was “Liberation for All Who Journey: Remembering, Resisting, Rebuilding.” Rabbis Atara Cohen, Koach Frazier, and Avigayil Halpern led it.
The Seder honored the late GLOE co-chair Michael Singer. Singer also served on the Edlavitch DC Jewish Community Center’s board.
“This Seder is both a celebration of how far we have come and a call to continue building a more just and inclusive world.” Bet Mishpachah Executive Director Joshua Maxey told the Washington Blade.
District of Columbia
Trans activists gather on National Mall for Transgender Day of Visibility
Around 200 members, supporters of the trans community, gathered on the Mall amid the increasingly hostile political environment.
The National Mall was covered in kites on Saturday as transgender activists from around the country gathered to support the second annual Transgender Day of Visibility. The event, put on by the Christopher Street Project — whose mission to protect and support trans Americans on the ballot and in streets — brought together around 200 supporters and organizations to honor trans homicide victims and rally for the future of human rights.
Created 17 years ago by psychotherapist and trans activist Rachel Crandall-Crocker, the day was born out of a need to celebrate one of the most marginalized groups in American politics, she told The 19th in 2021.
Since then, the nation has slowly caught up. This year marked the second time the observance has expanded into a multi-day movement, with events ranging from panels and congressional lobbying to organizing efforts, culminating in a rally on the “nation’s front door” — the National Mall.
A recent survey conducted by SRSS, a national research and marketing firm, and commissioned by the Human Rights Campaign Foundation, found that 41 percent of American adults say they personally know someone who is trans. That figure is up from previous estimates of around 30 percent. The study also shows that 27 percent say they have had a regular conversation with a transgender person in the last year. For HRC, this data is confirmation that visibility efforts are working.
“Transgender people are not strangers. They are our neighbors, coworkers, family members, and friends. And this new data shows that as people get to know them, they are more likely to stand by them as allies,” said Kelley Robinson, president of HRC said in a statement. “Defending trans rights is part of defending democracy itself. The more we show up for each other, the stronger our communities and our democracy become.”
Despite this progress and growing positive sentiment, more than 80 anti-trans bills are currently pending in state legislatures across the country, according to HRC, while similar issues are being debated at the national level. Many of the bills seek to restrict trans youth from participating in sports aligned with their gender identity and limit access to gender-affirming medical care.
Tyler Hack, founder and executive director of the Christopher Street Project, who is trans and nonbinary, spoke with the Washington Blade on March 28 about the growing importance of the day.
“We saw that there was a lack of political power for the trans community. We saw that there was a lack of political power for the trans community,” Hack said. “We decided to step up and implement the demand leadership and have galvanized people all across this country for Trans Day of Visibility and our gatherings these last few days we’ve had people come from as far as Hawaii to come celebrate with us, advocate for our rights on the hill, and learn about what it means to fight for all of us.”
Fighting for “all of us,” Hack noted, means showing up where political power is concentrated — in the nation’s capital. The National Mall, a hub for both protest and tourism, draws a wide range of visitors, from political activists brandishing MAGA hats or “You did it, Joe” t-shirts to everyday sightseers.
“I literally just saw a guy in a Trump shirt [at the rally], but we’re not going anywhere,” they said. “Visablity is really important, alongside needing to be an active parts of society, being having public life, and we need to demonstrate that we’re not going anywhere. I mean, we had people from the hill, Congress members come who weren’t even planning to come and did … We are now learning about what it means to fight for and stand up for our rights.”
Hack then looked toward the Capitol after being asked why they believe there are so many negative — and false — statements coming from congressional legislators about trans people. After a pause, they emphasized that the fight for trans rights is often deliberately mischaracterized by Republican opponents try to turn Americans against the community. That, they pointed out, is not what is happening outside the halls of the Hill.
“We are fighting for an America that works for all of us, and we know that,” Hack said. “We know that fighting for all of us is not unpopular. What’s unpopular is genital inspections in schools for girls as young as four years old — who some of our leaders want to transvestigate for not looking feminine enough. What’s unpopular are subpoenas of hospitals so the government can go through your records and decide what they like and don’t like. It is about power.”
That framing — that trans people simply want to live freely and equally under the law — has become central to the movement’s messaging, even as conservative media organizations and political leaders continue to shape public perception in opposing ways.
“We can’t cede any ground because we don’t need to. We are not fighting for a cause that’s inherently unpopular. People know that we shouldn’t throw anyone under the bus, and that’s what we’re here to say to our leaders: we’re paying attention.”
This year’s TDoV was noticeably larger in production than last year’s event, with a bigger stage, more high-profile speakers, increased security, and expanded programming across multiple days.
“We also planned three days of programming. We had dozen panels and workshops on Thursday, and we had over 75 Hill meetings on Friday,” they said. “Now we have this rally, and our capacity hasn’t grown that much — a lot of this was done by two people, but I think it just has come to fruition in a way. I’m happy with it, but I would love to see people with crazy budgets and includes expanded capacity, also we can continue to step out and do the work.”
One moment that stood out to Hack was seeing a parent advocate for her trans child — highlighting what they described as the deeply human nature of these stories.
“The first person to come up to me today was a mom of a trans kid and a nonbinary kid who said she came to our whole convening, going to the Hill to advocate yesterday — for the first time, because we inspired her to act, and that she was too scared to be a part of something,” they said. “She knew that her kids’ lives had been criminalized and that she needed to act and –that really hit me. I also know most of the people who educated our lawmakers, were people who have never been to the Hill before. These people who were also telling their stories, were also fighting for reproductive freedom for all. I mean, we had people from Hawaii, Washington State, California, people who some of them hadn’t been to D.C. Those are the people that we are here to mobilize because they haven’t been galvanized by any project before. I’m just grateful we gave them something that they’re willing to get behind.”
Speakers throughout the rally echoed similar themes of urgency, visibility, and collective action.
Rayceen Pendarvis, a local D.C. trans activist, spoke at the event, emphasizing the history behind the current fight — especially the exclusion of trans people from broader LGBTQ movements — and the need to push back against current political attacks on the most marginalized.
“Trans people in D.C. had to fight for their seat at the table. Trans people were either an afterthought — or left out completely. Now, trans people have become the scapegoat. Ignorance about trans people has been weaponized.”
The lifelong Washingtonian, who had a popular show that ran for 10 seasons with a range of programming covering local and national LGBTQ topics from 2012–2021, continued on the need to stay aware and vocal during the increasingly difficult Trump-Vance administration.
“We have to push back — be as relentless as they are. If your vote was not important, they wouldn’t spend so much time trying to stop you from using it. Voting is not enough — we all must get involved. Let us make our ancestors proud by unifying, organizing, and fighting back.”
She ended her speech with advice to not only strategically spend time advocating, but also build relationships within and around the transgender community.
“Support each other, encourage each other, and help each other. Spend time with your trans elders while you can and learn from them. Give them their flowers, but also give the old dolls some money to pay their bills,” she said to cheers from the crowd. “Allies need to put their money where their mouth is!”
“RuPaul’s Drag Race” contestant, singer-songwriter, and trans activist Peppermint spoke about the mixed feelings the day brings, allowing her to recognize both pride and frustration with the slow-moving progress for the transgender community.
“I love being trans, and it’s inspiring to see more people feel comfortable expressing who they are,” Peppermint said to the crowd. “But I’m disappointed that we have to march for our rights. I’m disappointed that we have to convince people who we are, while we’ve been here supporting them all along. I’m disappointed that not enough people show up when the trans community is under attack.”
Last year, a record number of anti-trans policies passed through state and federal legislatures — many originating from Republican lawmakers who argue such measures are necessary for safety. Idaho voted to make it a criminal offense to use the bathroom aligned with one’s gender identity if it does not match sex assigned at birth, setting up a bounty-style enforcement system. Twenty-seven states have banned sports participation for transgender children, primarily targeting transgender girls, citing fairness and safety — claims that research has shown are not supported by evidence. Last month, Kansas’s state Senate voted to invalidate driver’s licenses and birth certificates of trans residents who had updated their gender markers, while also defining sex strictly as assigned at birth.
Peppermint highlighted the specific cruelty of these policies and echoed the rally’s broader message.
“People are being asked to make an agreement to throw us under the bus. You’re watching our civil rights be stripped away like it’s entertainment. When you empower a government to take rights from some, you empower it to take rights from everyone,” the Broadway performer added. “That’s the reality we’re facing.”
She finished by affirming those present and pointing toward the future of the fight for equal treatment under the law.
“Trans people are women, men, nonbinary, immigrants, disabled — every kind of person. We are here, and we are inevitable. I’m disappointed — but I’m hopeful. I’m grateful — and you should be too,” Peppermint said. “I love you, I’m in awe of you, and I am grateful for you. I’m proud to stand with this diverse trans community. We have always shown up for others, year after year. And we’re still here.”
Rabbi Abby Stein framed the moment through a spiritual and historical lens, offering an alternative to narratives often pushed by conservative lawmakers and commentators.
“They’ve moved past trying to erase us — they’re using us. We have become the rock they’re using to hit the people they want to oppress,” Stein said. “We are visible, but we’ve been forced into a narrow place. That’s the reality of this moment.”
She continued, explaining that, despite what some have said, her trans identity reaffirms her religion and strengthens her Jewish faith.
“For generations, we’ve told stories about leaving narrow places. Those narrow places exist today — in closets, in systems, in the ways people try to restrict us. But we have always found a way out. That is our history and our power.”
“Coming out and being who you are isn’t just okay — it’s a spiritual obligation. It is powerful, and it is necessary. If you try to take away our visibility, our rights, and our joy, you will fail. We are going to win because we will keep fighting together.”
Other activists that spoke included military members who had been forced out of their jobs and benefits following the Trump-Vance administration’s return to banning transgender military members, including SPARTA Pride Executive Director and US Army Major Kara Corcoran and Air Force Master Sgt. Logan Ireland, both focusing their time on stage on sharing how they gave their country their lives, yet the president couldn’t accept their gender identity.
Others who spoke/performed included the queer cheerleading group Cheer DC, local trans DJ and organizer Samson, and Chastity Bowick, Executive Director of Marsha P. Johnson Institute also spoke.

Hack closed with a message centered on their belief in collective action to create a better world for everyone and the resilience of the community.
“We’ve been fighting in the halls of power, and I’m proud of how far we’ve come. This week is about educating, advocating, and rallying. There isn’t one strategy to take back our country. It takes all of us … This is not just about trans people — this is about whether the government gets to decide who is acceptable. When one group is targeted, it never stops there. That’s what history shows us. That’s why this moment matters.”
“We’re being scapegoated and forced out of public life. There are efforts to legislate us out of existence. Our freedoms are intertwined — we can’t leave anyone out. They think we’re small, but they’re wrong.”
“The days of respectability politics are over,” Hack said, with rainbow kites lying overhead, signaling a welcome and powerful reflection of the day’s movement — one that echoed the sentiments of those gathered. “Our movement has never needed permission to exist — and we’re not asking for it now. There is something inevitable about a people who refuse to disappear. It is inevitable that we win.”
Senegal
Senegalese president signs bill that further criminalizes homosexuality
Measure passed in National Assembly with near unanimous support
Senegalese President Bassirou Diomaye Faye on Tuesday signed into law a bill that further criminalizes consensual same-sex sexual relations in the country.
Lawmakers in the African country on March 11 nearly unanimously passed the measure that increases the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The bill that Prime Minister Ousmane Sonko introduced also prohibits the “promotion” or “financing” of homosexuality in Senegal.
Reuters on March 16 reported MassResistance, an anti-LGBTQ group based in the U.S., worked with Senegalese groups that support the bill. Volker Türk, the U.N. high commissioner for human rights, is among those who urged Faye not to sign it.
The Senegalese National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in the country.
Police in February arrested a dozen men and charged them with committing “unnatural acts.”
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