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.
2026 Midterm Elections
Trump uses anti-trans slur against Democratic Senate candidate
President mocked Annie Andrews
President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.
In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.
Andrews is running against Graham for a Senate seat in the solidly Republican state.
Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.
Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”
“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”
Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.
“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.
Trump’s remarks have drawn criticism from leaders on both sides of the aisle.
Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”
“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.
Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”
“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.
South Carolina has not elected a Democratic senator in nearly three decades.
Andrews’s campaign website does not mention her positions on LGBTQ issues.
The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.
2026 Midterm Elections
Meet the LGBTQ candidates running for U.S. House, Senate
Pappas would become first out gay man elected to upper chamber
The midterm elections are often seen as a report card for the party in power, giving voters an opportunity to weigh in on the direction of the country after two years of unified control of the federal government. With Republicans controlling the White House, Congress and the Supreme Court, the 2026 elections could reshape the balance of power in Washington and determine what the next two years of federal policy will look like.
Among the candidates looking to shape that future are a large number of openly LGBTQ politicians running for federal office. All of the candidates listed below openly identify as members of the LGBTQ community and are running as Democrats, seeking seats in both the U.S. House of Representatives and the U.S. Senate. (See below for a list of LGBTQ incumbents.)
The New Candidates
U.S. Senate:
Chris Pappas — NH
The United States House of Representatives:
Cait Conley — NY-17
Jeremy Moss — MI-11
JoAnna Mendoza — AZ-06
Marni von Wilpert — CA-48
Scott Wiener — CA-11
Chris Gallant — NY-1
JD Ford — IN-5
Janelle Sarauw — U.S. Virgin Islands
If all of these candidates running for federal office win their seats, this would make the federal government the queerest legislative term for Congress ever.
Chris Pappas would become the first openly gay male senator if he wins the race against Republican John E. Sununu. Pappas is currently leading early polls 50% to Sununu’s 42%, and is seen as a fairly centrist Democrat with a slew of accomplishments passed through the House since his election in 2018 that make him a desired candidate for the purple “Granite State.”
Cait Conley is fighting to take two-term incumbent Republican Mike Lawler’s seat for New York’s 17th district, covering parts of Westchester, Rockland, Putnam and Dutchess counties. Conley has a long history of working as a public servant through her extensive military service, which includes six overseas deployments with the Army and work with the National Security Council. Current polling shows she has an advantage over her opponent, 64% to his 36%, making this one a race to watch.
Jeremy Moss is running for election in Michigan, after quickly rising in the ranks within the Great Lake state. Moss, who was elected to his city’s city council, then to the state House, then to state Senate has had a lengthy connection with state politics for someone so young. He also served as the state’s first gay president pro tempore. He is running in the Detroit suburbs, including Oakland County. Nearly all polling puts Moss in the lead with some already giving him 99%.
JoAnna Mendoza is a veteran of the U.S. Navy and U.S. Marine Corps running for a House seat for the Tucson and southeastern Arizona area. She has been outspoken about how the cost of everyday necessities under the current leadership of President Trump and Republicans in Congress has made people in her state less safe. She is currently locked in a tight race with her Republican counterpart, leading Juan Ciscomani 47% to 45%.
Marni von Wilpert is running to represent northern San Diego County. She has experience representing the area as a San Diego City Council member, former prosecutor, and Obama workers’ rights attorney. Von Wilpert holds a narrow lead over Republican Jim Desmond, 45% to 42%.
Scott Wiener is looking for a chance to take former House Speaker Nancy Pelosi’s seat in the San Francisco area. Weiner holds a narrow lead over the Pelosi-endorsed San Francisco supervisor Connie Chan. A New York Times poll has him leading 45% to Chang’s 40%.
Chris Gallant has a slew of federal accomplishments under his belt, from working as an FAA air traffic controller to serving in the U.S. Army and New York Army National Guard, including as a Black Hawk helicopter pilot, and is a volunteer firefighter on Long Island. Despite all of this dedication to public service, he’s running in a solidly red district with recent predictions favor LaLota 81 to 26.
JD Ford is fighting to represent the northern Indianapolis suburbs and north-central Indiana against Republican incumbent Victoria Spartz. He was the first and only openly LGBTQ person elected to the Indiana Legislature, running his campaign on making living more affordable. Polling puts him slightly behind Spartz 48% to 46%.
Janelle Sarauw is trying to win the U.S. Virgin Island’s seat in the U.S. Congress. While there is no voting power, the seat can participate in debates. Sarauw is likely to win the seat after sweeping the primary earlier this year, and will face off against Shelley Moorhead, an independent, in November.
The Incumbents
Becca Balint — VT-At Large
Emily Randall — WA-06
Eric Sorensen — IL-17
Mark Pocan — WI-02
Mark Takano — CA-39
Ritchie Torres — NY-15
Robert Garcia — CA-42
Sarah McBride — DE
Sharice Davids — KS-03
Becca Balint is running for reelection to represent all of Vermont, making her one of the few candidates on this list who represents an entire state rather than a congressional district. Balint, a former teacher and Vermont state senator, has made housing affordability, mental health, and protecting democracy central parts of her platform. Recent polling gives Balint a substantial lead over Republican challenger Gerald Malloy, 60% to Gerald’s 30%.
Emily Randall is running for reelection in Washington’s 6th Congressional District, which includes the Olympic Peninsula and parts of the Kitsap Peninsula across Puget Sound from Seattle. Randall, who previously served in the Washington state Senate, has made expanding access to affordable health care a major part of her platform. She appears to be in a relatively strong position for reelection where she won 60% of the vote in Washington’s August top-two primary, while her Republican opponent Teresa Fox received about 25%.
Eric Sorensen is running for another term representing western Illinois. The former television meteorologist has centered his congressional work on lowering costs for working families. There is no public polling in the race, but a current nonpartisan forecast gives Sorensen 59% of the vote compared to Republican Dillan Vancil, with 40%.
Mark Pocan is seeking to continue representing Madison and south-central Wisconsin. Pocan, who has served in Congress since 2013, has focused on issues including health care affordability, workers’ rights and LGBTQ+ equality. There is no public polling of the race, but the current field has no Republican candidate, and a nonpartisan forecast gives Pocan more than a 99% modeled chance of winning.
Mark Takano is running for reelection in California’s 39th congressional district, which includes Riverside and portions of the Inland Empire east of Los Angeles. Takano has made health care and veterans’ issues major parts of his congressional work. There is no public polling of the race, but in his primary he came in first with 61% of the vote compared to Republican Steve Manos’s 39%.
Ritchie Torres is running for another term representing New York’s 15th congressional district in the Bronx. Torres, who previously served on the New York City Council, has made housing, economic development, education, and public safety major parts of his platform. There is no current public polling of the race, but multiple prediction sites have it squarely his to win.
Robert Garcia is seeking another term representing California’s 42nd congressional district, which includes Long Beach and southeastern Los Angeles County. Garcia, the former mayor of Long Beach, has focused on issues including infrastructure, transportation, education, and LGBTQ+ rights while in Congress. There is no public polling of the race, but forecasting has Garcia winning the seat over Republican Brian Burley 99% to 1%.
Sarah McBride, is running for reelection to represent Delaware’s sole congressional district, meaning she represents the entire state. McBride, who made history as the first openly transgender member of Congress, has centered her campaign on lowering health care costs, protecting reproductive health care, and strengthening workers’ rights. There is no public polling of the general election, but a current nonpartisan forecast gives McBride a 99.1% modeled chance of winning against Republican Joseph Arminio.
Sharice Davids is seeking another term representing Kansas’ 3rd Congressional District, which covers the Kansas side of the Kansas City metropolitan area. Davids, a former White House fellow and attorney, has made agriculture, lowering costs, and health care central parts of her platform. There is no current public polling of the race, but prediction polling shows she has a 94% chance of winning her race.
White House
Trump-appointed judge restores White House TV pool access
Judge called in to question president’s justification of the ban
A federal judge ordered the White House to restore West Wing press credentials to three news organizations after President Donald Trump attempted to bar their access for unfavorable reporting.
Early Thursday morning, Trump-appointed U.S. District Judge Timothy Kelly granted a temporary restraining order brought by POLITICO, CNN, and MS NOW as part of a joint lawsuit. The lawsuit cites the imperative role of a “free press” and ordered the 78 journalists’ credentials returned to the three outlets for at least the next two weeks as litigation plays out.
In the eight-page ruling, the judge goes over a slew of laws that Trump may have violated in banning the three media groups — from stepping on their First Amendment rights to a free press to the Fifth Amendment right to due process.
The judge also questioned Trump’s justification for removing the outlets, originally saying it was a matter of national security.
“The court is skeptical — at least on this record — that defendants’ interest in safeguarding national security is the actual motivation for, or is even advanced by, the revocation of plaintiffs’ hard passes,” Kelly wrote in an 8-page ruling issued just before 1 a.m. ET.
“Nothing in the record that predates this suit suggests that the revocation of plaintiffs’ hard passes was motivated by national security concerns. Certainly, that is not what President Trump said when he announced that he was ‘banning’ plaintiffs from the White House — instead, he focused on the alleged lack of truthfulness and negativity of plaintiffs’ reporting,” the judge added.
The Washington Blade reached out to the White House press office asking if the administration would file an appeal to keep the journalists out of the West Wing but did not hear back before publication time.
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