Politics
Feds won’t enforce law barring gay veterans from spousal benefits
Holder notifies Boehner of change in Sept. 4 letter

Attorney General Eric Holder has notified Congress the DOJ won’t bar gay veterans from spousal benefits under Title 38. (Blade file photo by Michael Key)
The Obama administration has determined that it will no longer enforce a portion of U.S. code governing veterans benefits to deny gay veterans benefits for their same-sex spouses.
In a letter dated Sept. 4, U.S. Attorney Eric Holder notifies U.S. House Speaker John Boehner (R-Ohio) of the change in the way the Justice Department will enforce Title 38 of the U.S. code.
“[I]n light of subsequent developments and my recommendation, the President has directed the Executive Branch to cease enforcement of Sections 101(3) and 101(31) of Title 38,” Holder writes. “Decisions by the Executive Branch not to enforce federal laws are appropriately rare. Nonetheless, for the reasons described below, the unique circumstances here warrant non-enforcement.”
The letter cites the U.S. Supreme Court’s ruling against the Section 3 of the Defense of Marriage Act, which prohibited federal recognition of same-sex marriage, and the recent district court decision against Title 38 as part of the rationale to cease enforcement of portions of the law.
Some of the spousal benefits allocated under Title 38 are disability benefits, survivor benefits and joint burial at a veteran’s cemetery. Gay veterans were previously barred from receiving these benefits because Title 38 defined spouse in opposite-sex terms independently of DOMA.
Holder says in the letter the administration has reasoned that it couldn’t bar gay veterans from spousal benefits under Title 38 because the Supreme Court ruling against DOMA prohibits Congress from enacting laws prohibiting federal recognition of same-sex marriage.
“Although the Supreme Court did not address the constitutionality of the Title 38 provisions in Windsor, the reasoning of the opinion strongly supports the conclusion that those provisions are unconstitutional under the Fifth Amendment,” Holder writes.
Holder continues in the letter that enforcing of Title 38 to bar gay veterans from benefits would also have an adverse effect on veterans seeking protections for their families.
“[C]ontinued enforcement would likely have a tangible adverse effect on the families of veterans and, in some circumstances, active-duty service members and reservists, with respect to survival, health care, home loan, and other benefits,” Holder writes.
Shin Inouye, a White House spokesperson, affirmed that President Obama accepted Holder’s recommendation and directed his administration to no longer enforce Title 38 in a way that would deny benefits to gay veterans.
“This is an important step forward for the families of veterans and their ability to access survival, health care, home loan, and other benefits,” Inouye said. “As the Attorney General’s letter to Congress states, the circumstances of the situation demonstrate that this is the appropriate course of action.”
As Holder observes in his letter, Inouye said the Obama administration has discontinued enforcement of Title 38 after the House Republican-led Bipartisan Legal Advisory Group withdrew from lawsuits challenging DOMA, including those challenging the veterans’ statute.
“Even the Bipartisan Legal Advisory Group has ceased to defend the constitutionality of those provisions of Title 38 in legal challenges,” Inouye said. “This announcement means gay and lesbian veterans who are legally married can better protect themselves and their children. The President believes that all couples who are legally married deserve respect and equal treatment under the law, and his Administration continues to work to implement the Supreme Court’s Windsor ruling swiftly and smoothly.”
Boehner’s office didn’t respond to a request to comment on the letter.
The district court ruling that Holder cites in the letter was the result of a lawsuit filed against Title 38 by the Southern Poverty Law Center on behalf of Tracey Cooper-Harris, a veteran of the Iraq and Afghanistan wars who’s suffering from multiple sclerosis and seeking disability benefits for her spouse, Maggie.
Caren Short, staff attorney for the Southern Poverty Law Center, said her organization is “thrilled” with the letter because it means Cooper-Harris and other gay veterans will begin to receive benefits.
“It’s great to know that the ruling in our case helped to convince the executive [branch] to no longer enforce Title 38 because it was discriminating against veterans and their spouses who have served and sacrificed just like every other veterans and every other veteran’s spouse,” Short said. “We’re extremely and are hopeful that benefits will start to flow as they should have been for our clients.”
A VA spokesperson said the department would work to act on the decision by the Obama administration “in a timely manner.”
“VA is working closely with the Department of Justice to update its policies in a timely manner to ensure that the delivery and quality of Veterans’ earned benefits remain at the highest standards,” the spokesperson said. “Our commitment to provide all Veterans and their families with their earned care and benefits will continue to be our focus as VA implements the President’s decision announced today.”
Sen. Jeanne Shaheen (D-N.H.) said the decision from the administration was “great news.” She’s the sponsor of the Charlie Morgan Act, legislation that would have changed Title 38 to enable veterans benefits to flow to same-sex spouses.
“We are in the process of determining if additional legislation is still needed to provide full benefits for all of our veterans,” Shaheen said. “I believe every individual that serves in uniform is entitled to the benefits they’ve earned and I will keep working on this issue until we are certain that is the case.”
The decision marks the first time that the Obama administration has announced it’ll cease enforcement of a law other than DOMA as a result of the Windsor decision. All previous changes made on behalf of same-sex couples following the ruling — such as the extension of tax benefits, offering active duty troops same-sex spousal benefits and allowing bi-national couples to apply for marriage-based I-130 green cards — were the result of regulatory change after the ruling.
In a letter to Congress last year, Holder previously indicated that the Obama administration believes laws barring gay veterans from spousal benefits are unconstitutional and the administration wouldn’t defend them against legal challenges in court. Still, at the time, the administration kept enforcing the laws. That’s changed after the court rulings.
Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said the decision to no longer enforce Title 38 to bar gay veterans from benefits was the right course of action from the Obama administration.
“As the Court said in Windsor, our Constitution does not permit the federal government to single out some married couples for unfair treatment, and today’s announcement from the Justice Department rests solidly on that principle,” Cole-Schwartz said. “For the brave men and women of our armed forces and their spouses to be denied benefits as veterans would be an insult to their service.”
One question that remains in the aftermath of this letter is whether the Obama administration will also interpret the ruling against DOMA to provide spousal benefits to legally married gay veterans applying for benefits in a state that doesn’t recognize their union. A portion of Title 38 unaddressed in the letter looks to the state of residence, not the state of celebration, in determining whether a same-sex marriage is valid.
Brian Fallon, a Justice Department spokesperson, said the issue remains “under review” within the Obama administration.
“The Justice Department will continue to work with the VA on figuring out how to go forward on that issue,” Fallon said. “But in the meantime, today’s decision means that if you’re a same-sex married couple in a state that recognizes your marriage, the VA will no longer deprive you of veterans’ benefits.”
Cole-Schwartz called for further guidance from the Obama administration on whether spousal benefits will flow to veterans who have legal same-sex marriages, but live in states that don’t recognize their union.
“The Obama administration is doing right by our veterans and faithfully executing the Supreme Court’s opinion and we look forward to guidance as to how the VA will treat veterans and their spouses living in states that do not recognize their marriages,” Cole-Schwartz said.
Congress
MTG resigns after years of anti-LGBTQ attacks amid Trump feud
Greene’s abrupt departure adds fresh uncertainty to an already fractured Republican Party.
Rep. Marjorie Taylor Greene announced on Friday that she is resigning from Congress.
In a post on X (formerly Twitter), the Georgia 14th Congressional District representative announced her sudden decision to resign from office.
The nearly 11-minute-long video shows Rep. Greene stating she will step down from her role representing one of Georgia’s most Republican districts on Jan. 5, 2026. She cited multiple reasons for this decision, most notably her very public separation from Trump.
In recent weeks, Greene — long one of the loudest and most supportive MAGA members of Congress — has butted heads with the president on a slew of topics. Most recently, she supported pushing the DOJ to release the Epstein Files, becoming one of only four Republicans to sign a discharge petition, against Trump’s wishes.
She also publicly criticized her own party during the government shutdown. Rep. Greene had oddly been supportive of Democratic initiatives to protect healthcare tax credits and subsidies that were largely cut out of national healthcare policy as a result of Trump’s “Big Beautiful Bill,” passed in July.
“What I am upset over is my party has no solution,” Greene said in October.
Trump recently said he would endorse a challenger against the congresswoman if she ran for reelection next year, and last week went as far as to declare, “Marjorie ‘Traitor’ Green is a disgrace to our GREAT REPUBLICAN PARTY!” on his Truth Social platform.
Trump told ABC News on Friday night that Greene’s resignation is “great news for the country,” and added that he has no plans to speak with Greene but wishes her well.
Despite her recent split with the head of the Republican Party, Rep. Greene has consistently taken a staunch stance against legislation supporting the LGBTQ community — notably a hardline “no” on any issue involving transgender people or their right to gender-affirming care.
Rep. Greene has long been at odds with the LGBTQ community. Within her first month in office, she criticized Democrats’ attempts to pass the Equality Act, legislation that would bar anti-LGBTQ employment discrimination. She went as far as to suggest an apocalypse-like scenario if Congress passed such a measure.
“God created us male and female,” she said on the House floor. “In his image, he created us. The Equality Act that we are to vote on this week destroys God’s creation. It also completely annihilates women’s rights and religious freedoms. It can be handled completely differently to stop discrimination without destroying women’s rights, little girls’ rights in sports, and religious freedom, violating everything we hold dear in God’s creation.”
Greene, who serves one of the nation’s most deeply red districts in northwest Georgia, attempted to pass legislation dubbed the “Protect Children’s Innocence Act,” which would have criminalized gender-affirming care for minors and restricted federal funding and education related to gender-affirming care in 2023. The bill was considered dead in January 2025 after being referred to the House Committee on the Judiciary.
Her push came despite multiple professional medical organizations, including the nation’s largest and most influential — the American Medical Association — stating that withholding gender-affirming care would do more harm than any such care would.
She has called drag performers “child predators” and described the Democratic Party as “the party of killing babies, grooming and transitioning children, and pro-pedophile politics.”
Greene has also publicly attacked Delaware Rep. Sarah McBride, the nation’s first and only transgender member of Congress. She has repeatedly misgendered and attacked McBride, saying, “He’s a man. He’s a biological male,” adding, “he’s got plenty of places he can go” when asked about bathrooms and locker rooms McBride should use. Greene has also been vocal about her support for a bathroom-usage bill targeting McBride and transgender Americans as a whole.
She has repeatedly cited false claims that transgender people are more violent than their cisgender counterparts, including falsely stating that the 2022 Robb Elementary School shooter in Texas was transgender.
The former MAGA first lady also called for an end to Pride month celebrations. She criticized the fact that the LGBTQ community gets “an entire” month while veterans get “only one day each year” in an X post, despite November being designated as National Veterans and Military Families Month.
Under Georgia law, Gov. Brian Kemp (R) must hold a special election within 40 days of the seat becoming vacant.
The Washington Blade reached out to both the White House and Greene’s office for comment, but has not heard back.
PFLAG honored U.S. Rep. Maxine Waters (D-Calif.) with the “2025 PFLAG National Champion of Justice” award during their annual “Love Takes Justice” event in Washington.
Waters has represented California’s 43rd Congressional District — including much of Los Angeles — since 1991 and has been a vocal advocate for LGBTQ rights since her swearing-in.
Her track record includes opposing the Defense of Marriage Act, which would have made marriage only between a man and a woman; co-sponsoring the Respect for Marriage Act, ultimately requiring all U.S. states to recognize same-sex marriages performed by other states; and is a long time supporter of the Equality Act, which would codify comprehensive protections for LGBTQ Americans.
In addition to her work on marriage equality, she also created the Minority AIDS Initiative to help address the devastating impact of HIV/AIDS on minority communities, particularly communities of color.
The award reception took place Tuesday at the headquarters of the American Federation of Teachers, where Waters was presented with the award by former U.S. Rep. Barney Frank (D-Mass.), the openly gay member of Congress. Frank praised Waters for her unwavering support for the LGBTQ community and her lifelong commitment to advancing equality for all.
“One of the most encouraging developments in the fight for human rights is the failure of those who traffic in any form of bigotry, including bigotry to divide the Black and LGBTQ+ communities,” said Frank, who came out in 1987 while in office. “No one deserves more recognition for strengthening our unity than Maxine Waters.”
During the reception, Waters spoke about her extensive history of LGBTQ advocacy within the halls of Congress, emphasizing that her idea of government centers around uplifting its most vulnerable and threatened communities.
“From the very beginning of my public life I’ve believed that the government must protect those that are vulnerable, including LGBTQ+ people, who have been pushed to the margins, criminalized and told that their lives and their love do not matter,” Waters said. “Discrimination has no place in our laws.”
She continued, adding that the discrimination LGBTQ people have dealt with — and continue to deal with — is unconstitutional and wrong.
“I am proud to stand with LGBTQ+ families against efforts to write discrimination into our constitution, against attempts to deny people jobs, housing, healthcare and basic dignity because of who they are or who they love,” she said.
Waters joins a slew of other LGBTQ advocates who have received this award, beginning with the late-Georgia Congressman John Lewis in 2018. Past honorees include Oakland (Calif.) Mayor Barbara Lee, who was then a member of Congress, U.S. Sen. Tammy Baldwin (D-Wis.), Frank, Colorado Gov. Jared Polis, who was then a member of Congress, and Speaker Emerita Nancy Pelosi (D-Calif.).
PFLAG CEO Brian Bond commented on the continued fight for LGBTQ rights in the U.S. as anti-transgender rhetoric and policies coming from the Trump-Vance White House grow each week.
“LGBTQ+ people and their families — and all of you here — know too well the reality of the political climate, the attitudes of the public, and the sheer lack of respect that LGBTQ+ people are experiencing in the world today. There’s no end to the hostile barrage of harmful laws, city ordinances, and regulations, especially against our trans loved ones,” Bond said. “This particular moment in history calls us to increase and fortify our work, advocating at every level of government.”
He ended with some hope — reminding the LGBTQ community they have been on the receiving end of discrimination and unjust treatment before, but have risen above and changed the laws — saying we can do it again.
“PFLAG members and supporters are uniquely suited for this moment, because we are fighting for and alongside our LGBTQ+ loved ones, we know that our love is louder … and love and liberty are inseparable,” said Bond.
Congress
Global Respect Act reintroduced in US House
Measure would sanction foreign officials responsible for anti-LGBTQ human rights abuses
U.S. Reps. Sarah McBride (D-Del.) and Brian Fitzpatrick (R-Pa.) on Thursday reintroduced a bill that would sanction foreign officials who carry out anti-LGBTQ human rights abuses.
A press release notes the Global Respect Act would direct “the U.S. government to identify and sanction foreign persons who are responsible for torture, arbitrary detention, physical attacks, murder, and other flagrant abuses against LGBTQI+ individuals.” The measure would also require “annual human rights reporting from the State Department and strengthens coordination with foreign governments, civil society, and the private sector to prevent anti-LGBTQI+ persecution.”
“Freedom and dignity should never depend on your zip code or who holds power in your country,” said McBride.
The Delaware Democrat who is the first openly transgender person elected to Congress notes consensual same-sex sexual relations remain criminalized in more than 60 countries, while “far too many (countries) look away from the violence that follows.”
“The Global Respect Act reaffirms a simple truth: no one should be targeted for who they are or whom they love,” said McBride. “This bill strengthens America’s voice on human rights.”
“No person should ever face imprisonment, violence, or discrimination on the basis of who they are,” added Fitzpatrick. “The Global Respect Act imposes real and necessary sanctions on those who carry out these abuses and strengthens America’s resolve to uphold basic human rights worldwide.”
The Global Respect Act has 119 co-sponsors. McBride and Fitzpatrick reintroduced it in the U.S. House of Representatives on the annual Transgender Day of Remembrance.
“As we mark Transgender Day of Remembrance, we reaffirm that no one, no matter where they live in the world, should be persecuted or subjected to violence simply because of who they are or whom they love,” said Mark Bromley, co-chair of the Council for Global Equality. “The Global Respect Act seeks to hold the world’s worst perpetrators of violence against LGBTQI+ people accountable by leveraging our sanctions regimes to uphold the human rights of all people.”
Outright International, Amnesty International USA, Robert F. Kennedy Human Rights, ORAM (Organization for Refuge, Asylum and Migration), and the Human Rights Campaign are among the other groups that have endorsed the bill.
U.S. Sens. Jeanne Shaheen (D-N.H.) and Lisa Murkowski (R-Alaska) in June introduced the Global Equality Act in the U.S. Senate. Gay California Congressman Robert Garcia and U.S. Sen. Edward Markey (D-Mass.) on Monday introduced the International Human Defense Act that would require the State Department to promote LGBTQ and intersex rights abroad.
The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.
The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.
The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.
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