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Texas Nat’l Guard withholding spousal benefits for gay troops

Lesbian couple rejected at Camp Mabry facility

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Alicia Butler, Judith Cedville, gay news, Washington Blade, Texas National Guard
Alicia Butler, Judith Cedville, gay news, Washington Blade, Texas National Guard

Alicia Butler (left) and Judith Cedville with daugher, Jordan. (Photo courtesy of Alicia Butler)

Amid celebration for many gay service members on the day that the Pentagon begins to award same-sex spousal benefits, the Texas Military Forces is withholding such benefits for gay troops on the basis that state law prohibits same-sex marriage.

Alicia Butler, an Austin, Texas, attorney, said she was rejected when she tried to register with the Defense Enrollment Eligibility Reporting System, or DEERS, the military’s health benefits system, when she applied on Tuesday at Camp Mabry, where her spouse, Judith Chedville, a nurse and Iraq war veteran, is stationed as a member of the National Guard.

“We were told that Texas would not register us into the system and would not issue an ID card for me,” Butler said. “We were told that if she was active duty they would do that for me, but not for a National Guard member because she’s part of the Texas National Guard.”

The explanation the couple was given, Butler said, was that they were denied because she and her spouse are the same gender. Butler said she and her spouse were legally married in California.

Butler added she and her spouse were directed to another facility in Texas that is run by the federal government.

“They told us to go to a different facility, such as Ft. Hood in San Antonio, where the federal government runs the facility, so that we could get the ID card,” Butler said. “That’s an hour-and-a-half drive for me, and we have a five-month-old, so that’s kind of hard.”

But Butler, 43, added even if she and her spouse made that trip, Camp Mabry would still not recognize her as the spouse of Chedville, 38, at that facility.

“We were also told that even if my spouse went there without me and got the registration and that all taken care of, Camp Mabry still would not take my photograph and issue the ID, which is something that’s normally done,” Butler said.

Butler said she was left with the impression that Camp Mabry would continue to deny benefits for guard members with same-sex spouses “indefinitely.”

Tuesday marks the first day that the U.S. armed forces started offering partner benefits, including military IDs, to troops with same-sex spouses after a period of implementation this year. In the wake of the Supreme Court decision against the Defense of Marriage Act, gay troops are now eligible for major spousal benefits, including health and pension benefits as well as equal access to housing.

Butler said she was denied benefits as the American Military Partner Association, an LGBT military group, says it was leaked guidance indicating thatĀ Texas Military Forces, or the Texas National Guard, wouldn’t honor the U.S. armed forces’ plan to begin offering partner benefits to gay troops because the Texas Constitution prohibits same-sex marriage.

“The TXMF is a state agency under the authority and direction of theĀ TexasĀ state government,” the guidance states. “Therefore, the TXMF must consider that theĀ TexasĀ Constitution andĀ TexasĀ Family Code 6.204 conflicts with the DoD policy extending benefits to same-sex spouses. Due to this potential conflict, we are unable to enroll same-sex families into DEERs at our state supported facilities until we receive legal clarification.”

Similar to what Butler and Chedville were told, the guidance says troops who are affected by this issue should seek a federal facility to apply for benefits.

“However, the TXMF remains committed to ensuring its military personnel and their families receive the benefits to which they are entitled,” the guidance states. “As such, we encourage anyone affected by this issue to enroll for benefits at a federal installation.”

The American Military Partner Association has a photo of the guidance written on an official and letterhead signed by Adjutant General Maj. Gen. John Nichols. It’s posted at the end of this article.

Laura Lopez, a Texas Military Forces spokesperson, confirmed the guidance is accurate, but said she doesn’t known when the legal uncertainty cited in the guidance will be resolved.

“Our goal in the Texas Military Forces is to provide the benefits available to our Soldiers and Airmen under existing federal law and policy, while also adhering to applicable Texas state law,” Lopez said. “The Texas Military Forces will continue to follow state law until legal clarification is determined. It is important to note that Soldiers and Airmen are not being denied these benefits, there are multiple locations throughout the state where they can enroll for same sex benefits.”

Lopez added unlike Fort Hood or Randolph Air Force Base, Camp Mabry receives state funding for property, equipment, and personnel, so personnel and the operation of facilities are subject to Texas state law.

“Despite the legal conflict, the TXMF remains committed to ensuring military personnel and their families receive the benefits to which they are entitled,” Lopez said. “As such, we fully support same-sex families enrolling for benefits at the nearest federal installation.”

Stephen Peters, president of the American Military Partner Association, said apparent decision to withhold benefits is a “disgrace” for Texas and Texas Gov. Rick Perry “should be ashamed.”

“Our military families are already facing enough challenges, and discrimination from the state of Texas only compounds those challenges,” Peter said. “It’s simply disgusting that Gov. Perry would try to play politics with our military families. Considering the far majority of the funding for the Texas Guard facilities comes from the federal government, I don’t believe they have a leg to stand on.”

Jeremy Johnson, co-chair of the newly formed LGBT military group SPART*A, said withholding benefits to gay troops in Texas amounts to state-sanctioned discrimination and the issue should be resolved immediately.

“The Department of Defense no longer discriminates against same-sex military families andĀ instead embraces them as an important part of the support structure for uniformed members,” Johnson said. “ThisĀ announcement by Texas Military Forces makes clear that that they are either unwilling orĀ incapable of doing the same. If that is the case, the Department of Defense must ensure that thereĀ is no question about the rights of same-sex military families and their ability to access theĀ benefits to which they are entitled.”

According to the Associated Press, the Mississippi National Guard will join Texas in refusing to grant benefits to gay troops with same-sex spouses, but only at state-owned facilities. A spokesperson was quoted as saying Mississippi National Guard offices on federal property would accept the applications.

But the AP also reported that officials in 13 other states that ban same-sex marriage ā€” including Arizona, Oklahoma, Florida, Michigan and Georgia ā€” said offices would follow the federal directive and process all couples’ applications for benefits the same way.

Lt. Cmdr. Nathan Christensen, a Pentagon spokesperson, said he’s unable to confirm the Texas guidance, but said federal military installations in the state will provide a military ID to troops with same-sex spouses.

“All Federal Military installations in Texas will issue IDs to all who provide a valid marriage certificate from a jurisdiction that recognizes same-sex marriage,” Christensen said.

Apparent guidance from the Texas Military Forces saying it won't provide partner benefits to troops with same-sex spouses (Screenshot courtesy American Military Partners Association).

Apparent guidance from the Texas Military Forces saying it won’t provide partner benefits to troops with same-sex spouses (Screenshot courtesy American Military Partners Association).

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Congress

House passes spending bill as Greene threatens to oust Johnson

51 of 52 anti-LGBTQ riders were defeated

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Rep. Marjorie Taylor Greene (R-Ga.) speaks at a press conference on Sept. 20. (Washington Blade photo by Michael Key)

The U.S. House of Representatives averted a government shutdown on Friday with a vote of 286-134 to pass the $1.2 trillion spending bill, over the objections of hard-right members like U.S. Rep. Marjorie Taylor Greene (R-Ga.).

The congresswoman subsequently filed a motion to remove House Speaker Mike Johnson (R-La.), who is himself an ultraconservative legislator. The move marked the second time in six months that the party has called for a vote to oust their own leader.

ā€œToday I filed a motion to vacate after Speaker Johnson has betrayed our conference and broken our rules,ā€ said Greene, who refused to say whether she would call up the resolution to call for a snap vote, which likely means the matter will be delayed until after the two-week recess.

Greene and Johnson are at odds over the content of the minibus appropriations package, with the congresswoman calling it a “Chuck Schumer, Democrat-controlled bill” that does not contain conservative policy demands on matters like immigration and LGBTQ issues.

The speaker, meanwhile, proclaimed, ā€œHouse Republicans achieved conservative policy wins, rejected extreme Democrat proposals, and imposed substantial cuts while significantly strengthening national defense.ā€

With respect to anti-LGBTQ riders submitted by Republican members, more than 50 were ultimately stripped from the bill, which the Human Rights Campaign celebrated as “a victory,” crediting lawmakers for their “bipartisan, bicameral negotiations.”

Of the 52 anti-LGBTQ riders, only one survived in the $1.2 trillion package passed on Friday: A ban on flying Pride flags at U.S. embassies.

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Congress

Massive defeat for anti-trans, anti-LGBTQ riders in spending bill

Proposal has only one rider that would target community

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U.S. Capitol
U.S. Capitol (Washington Blade photo by Michael Key)

On Thursday, Congress unveiled the much-anticipated spending bill to avert a government shutdown. The bill, which includes funding for major government departments such as Health and Human Services and Education, featured fierce negotiations over conservative ā€œpolicy riders.ā€ 

These policy riders included bans on coverage for gender-affirming care, DEI bans, sports bans and more. Despite some indications that Democrats might compromise due to the sheer number of conservative policy riders, it appears those fears did not come to fruition. Democrats held firm in negotiations, and the most impactful anti-trans and anti-LGBTQ riders were nowhere to be found.

One policy rider proposed for the Food and Drug Administration would have defunded any hospital that ā€œdistributes, sells or otherwise uses drugs that disrupt the onset of puberty or sexual development for those under 18,ā€ a measure targeting not only transgender youth but also those experiencing precocious puberty. 

Another rider sought to bar any government funding toward ā€œsurgical procedures or hormone therapy for the purposes of gender-affirming careā€ in the Department of Health and Human Services. This move would have significantly impacted private and subsidized insurance in the Healthcare Marketplace. It also aimed to bar the enforcement of President Joe Bidenā€™s executive order titled ā€œPreventing and Combating Discrimination on the Basis of Gender Identity,ā€ which broadened anti-discrimination protections for trans individuals.

Additional riders included bans on funding for any organization thatĀ ā€œpromotes transgenderism,ā€Ā Title IX protections for trans youth, bans on legal challenges against states over anti-LGBTQ+ laws, book bans, DEI bans and more.

In total, over 40 riders were proposed and negotiated in the spending bills. None of these were found in the final bill.

Ultimately, the final spending bill released contained only a single anti-LGBTQ rider: A ban on Pride flags being raised or displayed above foreign embassies. The policy, while certainly qualifying as anti-LGBTQ and a regression to Trump-era policies, notably does not bar personal displays of Pride flags by embassy workers.

In the past, some embassies have gotten around such bans by not ā€œflying a flag over the embassyā€ but rather, painting portions of the embassy in rainbow colors or draping flags on the side of buildings.

News of the defeat of the most impactful anti-trans and anti-LGBTQ riders comes after a significant push from Equality Caucus Democrats and the Biden administration against the riders. ā€œAs you negotiate government funding for Fiscal Year 2024 (FY24), we write to strongly urge you to reject any attempts to include anti-LGBTQ+ provisions in any final FY24 funding agreement,ā€ said a letter signed by 163 representatives on behalf of the Congressional Equality Caucus to the Biden administration.

However, Republicans also pushed hard for their inclusion. In a shutdown threat issued Feb. 21 from the House Freedom Caucus, Republicans indicated that bans on gender affirming care and trans participation in sports were necessary to prevent a potential shutdown.

Previously, U.S. Dan Crenshaw (R-Texas) stated that such bans are the “hill we will die on.” In a report published by Axios, one Republican lawmaker stated, ā€œPeople are predicting a shutdown even if it’s just for a few days.ā€ Others concurred, citing gender affirming care riders as one of the potential reasons for such a shutdown.

Many anti-LGBTQ leaders in the Republican Party reacted negatively to the bill. U.S. Rep. Matt Gaetz (R-Fla.)Ā expressed angerĀ at funding for the New Jersey Garden State Equality in Education Fund, calling it ā€œforce feeding the LGBT agenda in schoolsā€ and stating that it enables ā€œgender mutilation surgeries in minors,ā€ ā€œbiological menā€ in womenā€™s bathrooms and trans participation in sports.

U.S. Rep. Marjorie Taylor Greene (R-Ga.) decried the lack of a DEI ban. U.S. Rep. Andrew Clyde (R-Ga.) stated that Republicans ā€œsurrenderedā€ to Democrats on hormone therapy. The House Freedom Caucus published a lengthy list of healthcare and equality centers that the budget would fund, urging the GOP to vote ā€œnoā€ and to shut down the government.

In a press release published by House Appropriations Democrats, they stated that the bill rejected over a hundred poison-pill riders, many of which targeted LGBTQ people. For example, the Labor-HHS-Education portion of the bill blocked provisions around gender affirming care, sports bans and nondiscrimination.

See the House Appropriations Democrats statement:

Press release, House Appropriations Democrats on Labor-HHS-Education

The bill must pass by Friday evening to avert a government shutdown, though the impacts of such a shutdown would likely not be felt until Monday. If passed, the bill would keep the government funded through September, at which point all of the riders could resurface during the peak of the 2024 presidential election.

However, for the next several months, LGBTQ riders will not pose a significant threat in a year where trans and queer individuals have faced attacks at historic levels.

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

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

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Congress

Padilla, FCC introduce measure to improve 988 Suicide and Crisis Lifeline

HHS launched effort in 2022

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U.S. Sen. Alex Padilla (D-Calif.) (Screen capture: YouTube)

U.S. Sens. Alex Padilla (D-Calif.) and Thom Tillis (R-N.C.), joined by U.S. Rep. Tony CƔrdenas (D-Calif.), Federal Communications Commission Chairwoman Jessica Rosenworcel and U.S. Secretary of Health and Human Services Xavier Becerra, introduced a measure on Thursday to improve the 988 Suicide and Crisis Lifeline.

Calls are currently routed to mental health professionals and local public safety officials based on the caller’s area code ā€” even though, as the lawmakers and officials noted during their announcement ā€” in many cases, the area code, especially for cell phone numbers, does not match the location from which they are calling.

Under the new proposal, Padilla said, “We’re going to be in a position to be able to provide care as quickly and as safely as possible.”

“In the same way that 911 calls in the case of an emergency are routed to local providers, local first responders, so ambulances can come out and help quickly when you call 911, 988 should be tied to a caller’s location, not their area code,” he said.

Calling Padilla, Tillis, and CĆ”rdenas “great champions of mental health,” Rosenworcel noted, “that’s not our stock and trade” at the FCC.

“We are people who deal with technology and communications,” she said, “but we came to realize that we could work with Congress to make sure that everyone in this country who’s going through a crisis has someone to call and someone who can listen ā€” and that’s why in 2022, we set up 988, the easy-to-remember three digit number for anyone who is in crisis.”

A press release from Padilla’s office explains the details for how the update to the 988 Suicide and Crisis Lifeline will work:

“The Notice of Proposed Rulemaking (NPRM) announced today seeks to address the discrepancies and inefficiencies of the current system by proposing the adoption of a rule that would require a georouting solution to be implemented for all wireless calls to the 9-8-8 Lifeline while balancing the privacy needs of individuals in crisis. 

Georouting refers to technical solutions that enable calls to be directed based on the location of the caller without transmitting the callerā€™s precise location information.Ā These solutions would permit wireless calls to the 9-8-8 Lifeline to be directed to nearby crisis centers based on factors such as the cell tower that originated the call rather than the area code of the wireless device used to place the call.”

The 988 Suicide and Crisis Lifeline offers LGBTQ-affirming counseling, which is accessible by pressing three.

A 2023 survey by the Trevor Project, which included more than 28,000 LGBTQ participants aged 13-24, found that 41 percent had seriously considered suicide within the past year and 56 percent wanted ā€” but were unable to get ā€” mental health care within the last year.

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