Politics
How will Obama handle National Guard units disobeying fed’l directive?
4 states refusing order to process spousal benefits for gay troops


President Obama (right) could follow Presidents Kennedy and Eisenhower, who both federalized National Guard units. (Photos of Dwight D. Eisenhower and John F. Kennedy public domain. Washington Blade photo of Barack Obama by Michael Key).
As National Guard units in several states refuse to process spousal benefit applications for troops in same-sex marriages, one advocate says there’s a unique — yet unlikely — solution: President Obama could federalize the state units.
Ret. Lt. Col. Chris Rowzee, spokesperson on National Guard affairs for the American Military Partner Association, raised the possibility of federalizing the National Guard units to ensure states offer spousal benefits to gay troops.
“This would be an extreme example, but they could … federalize the troops, and in that case, the state governor would have zero say over what the guard unit then does,” Rowzee said. “We certainly hope that it doesn’t come to something like that. We hope that the governors of these states recognize that the right thing to do for these guardsman and these families is to give them support and the entitlements to which they are entitled.”
Rowzee added she’s not calling for Obama to take control of the National Guard units, but noted she wants some kind of response from the Obama administration.
At least four states — Texas, Oklahoma, Mississippi and Louisiana — are refusing to give troops in same-sex marriages military IDs for their partners by denying these couples’ applications at state-run facilities. That hampers the couples’ ability to receive health, pension and housing benefits afforded to other service members.
Despite an Aug. 13 directive from Defense Secretary Chuck Hagel saying these benefits should be available nationwide, even in non-marriage equality states, these four states are citing state constitutional amendments banning same-sex marriage as the reason they cannot enroll these couples into the Defense Enrollment Eligibility Reporting System.
The American Military Partners Association has called for a response from the Obama administration to prompt a change from the state National Guards. The more obvious method that has been discussed before is a deprivation of federal funds for these installations as a result of disobeying a federal directive.
Chris Jenks, a former Army judge advocate general and law professor at Southern Methodist University, said federalizing elements of the National Guard and withholding funds are both viable options for Obama.
“Ultimately, if the governors of the four states persist in their order to their state National Guards to not provide benefits to same-sex married guard members, the governors run a risk that the president will federalize those state national guards,” Jenks said. “One hopes it wouldn’t come to that. But if the gay rights movement is the civil rights struggle of our time, it will be interesting to see how far the first African-American president will allow state governors to countermand him.”
In the 1950s, President Eisenhower federalized the Arkansas National Guard when the governor of that state was using it to enforce racial discrimination at Little Rock Central High School. In 1963, President Kennedy took similar action in Alabama to desegregate the University of Alabama.
The situation today, of course, isn’t exactly parallel. Eisenhower and Kennedy federalized the units in Arkansas and Alabama to force integration of schools – not to make the guard units themselves operate in a non-discriminatory manner.
Under the relevant statute, the president would have to declare a national emergency in order to bring the National Guard units of those states under his direct command.
Fred Sainz, vice president of communications for the Human Rights Campaign, said his organization is asking for a federal response to the situation, but does not endorse the idea of federalizing the National Guard units.
“We are urging Secretary Hagel to talk to these state governments about the need to have uniformity and fairness for all service members in accessing the benefits to which they are entitled by law,” Sainz said.
The Obama administration has been quiet on the issue of individual National Guard units resisting the order for nationwide spousal benefits for gay troops.
White House Press Secretary Jay Carney had no immediate answer when the Washington Blade asked if Obama was aware of the issue and believes these units are violating federal policy. Carney deferred to the Pentagon, but also said he could take the question and talk about the issue later. As of last week, the Blade had not received a White House response.
Lt. Cmdr. Nathan Christensen, a Pentagon spokesperson, would only say troops in same-sex marriages are able to enroll at federal installations.
“All Federal Military installations (in Texas, Oklahoma, Mississippi and Louisiana) will issue IDs to all those who provide a valid marriage certificate from a jurisdiction that recognizes same-sex marriage,” Christensen said.
But Rowzee maintained that directing troops to travel to a federal installation isn’t an adequate solution to the problem. For starters, the issue isn’t just enrollment for benefits, but also participation in guard activities like family readiness programs.
“The rationale that they are using to deny giving me the ID cards to begin with is rationale that very easily could be applied to even something as simple at the spouse being given access to the base, being able to drive to the base to pick up her guardsmen from a deployment,” Rowzee said.
Legal experts who spoke with the Blade agreed the decision to refuse to process these applications violates federal law.
SMU’s Jenks said these states are caught between state and federal governments, but are ultimately exceeding their authority.
“I think the state governments have overreached and it’s unfortunate that they are using the National Guard in a politicized fashion, that’s not why the National Guard exists,” Jenks said. “Ultimately these efforts by the states will not be successful.”
One initiative that has emerged as states have begun to withhold these benefits from gay troops is a petition led by the American Civil Liberties Union and the American Military Partner Association calling on the Pentagon to reaffirm that all married military personnel are eligible for these benefits.
Another group that is pursuing action on the issue in Texas is Lambda Legal. Representing Alicia Butler and Judith Chedville, a lesbian military couple denied benefits at Camp Mabry, Lambda sent a letter on Sept. 13 to Texas Military Forces saying current policy “fails its troops and their families.” The letter requests a response in 10 days.
Paul Castillo, staff attorney for Lambda Legal, said he “absolutely” thinks Texas is violating federal law by denying benefits to troops in same-sex marriages.
“The state law does not inhibit the National Guard from completing a federal mission,” Castillo said. “The DEERS system and benefit administration is federally funded along with the personnel operating the system, so there’s no reason for them to discriminate in issuing the spousal IDs and enrolling them in the DEERS system.”
Castillo said Texas confirmed receipt of the letter. Since that time, Castillo said communications between Lambda and the state are ongoing, although he couldn’t elaborate on them.
Whether a lawsuit is in the works by any of these groups remains to be seen. None would rule out the possibility of litigation if nothing changes at these guard units.
For Rowzee, the decision of these guard units to withhold benefits is particularly disappointing in the wake of advancements in marriage equality throughout the country following the Supreme Court decision against the Defense of Marriage Act.
“Do I honestly believe that the governor of Texas will be forever able to defy a DOD directive? No, and I think he knows that,” Rowzee said. “I think he’s using this issue to try to gain political points, and the problem is it harms people in the meantime. It harms our military families.”
Congress
Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage
Roughly 1.8 million LGBTQ Americans rely on Medicaid

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.
To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.
Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.
Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.
In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.
A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.
A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.
Congress
Ritchie Torres says he is unlikely to run for NY governor
One poll showed gay Democratic congressman nearly tied with Kathy Hochul

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”
“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”
Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.
Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.
To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.
A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).
Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”
Congress
House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms
Congressional Equality Caucus sharply criticized move

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.
Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.
The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).
The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”
“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.
They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).
“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”
“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.