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Court affirms gay troops eligible for spousal benefits

Judge rules Pentagon must enroll gay troops, veterans into benefit system

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National LGBT Bar Association, Gay News, Washington Blade

A district court has affirmed that laws barring spousal benefits from gay troops is unconstitutional (image via wikimedia).

A district court has followed the lead of previous rulings in affirming that laws barring gay troops from accessing spousal benefits are unconstitutional.

In a four-page summary judgment, U.S. Judge Richard Stearns ruled on Wednesday in the lawsuit known as McLaughlin v. Hagel that gay troops plaintiffs in the case are entitled to spousal benefits in the wake of the Supreme Court decision against the Defense of Marriage Act.

Not only the does the decision affirm that spousal benefits must flow to active troops, the ruling states that benefits must flow to gay veterans in same-sex marriages because the portion of Title 38 restricting those benefits to opposite-sex couples is unconstitutional.

“The definitions of the terms ‘spouse’ and ‘surviving spouse’ in Sections 101(3) and (31) of the Title 38 of the U.S. Code are unconstitutional under the equal protection component of the Due Process Clause of the Fifth Amendment as applied to Plaintiffs by the Department of Veteran Affairs in the administration of veterans’ benefits governed by Title 38 to the extent those definitions are construed to limit the provision of veterans’ benefits to married opposite-sex couples,” the decision states.

The Justice Department had already announced on its own accord that it would no longer enforce Title 38 to bar gay veterans from spousal benefits in the aftermath of the Supreme Court decision against DOMA.

Still, plaintiffs pursued the litigation, calling for summary judgment, on the basis that the decision from the Obama administration could be altered under another presidency.

The eight plaintiffs couples represented in the lawsuit may receive retroactive benefits covering a longer period of time than other gay troops. The court rulings say they’re entitled to benefits from the time they tried to enroll into DEERS in late 2011. Other gay troops as the result of the DOMA decision are eligible for benefits back until the Supreme Court ruling in June of this year.

In a joint statement, Christopher Man and Abbe Lowell, private attorneys with Chadbourne & Parke LLP who litigated the case on behalf of Servicemembers Legal Defense Network, said the ruling ensures their clients receive benefits they would have obtained in opposite-sex marriages.

“With this order, our clients and we have been able to complete the goal of invalidating those laws that discriminated against loyal and brave soldiers and their families on the basis of the gender of their spouses,” Man and Lowell said. “We are proud to have been part of the effort to end this practice and of our clients for making the fight.”

The case is significant because it was the first in which House Republicans they would no longer work to defend DOMA in the aftermath of the Supreme Court decision against the anti-gay law.

John Gillespie, board co-chair OutServe/SLDN, praised the court for making a ruling he said would end discrimination.

“We sought a judgment that would end the unconstitutional discrimination these service members and their families faced,” Gillespie said. “Each of them paid a price for their service, and this judgment begins to right the many years of discrimination. Most importantly, this decision validates the service and sacrifice of all military family members. It guarantees the nation will recognize their contributions and provide the benefits they have earned.”

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2026 Midterm Elections

Markey’s primary win deemed success for LGBTQ activists

Mass. lawmaker champions transgender rights

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U.S. Sen. Ed Markey speaks outside of the U.S. Supreme Court on Jan. 13, 2026. (Washington Blade photo by Michael Key)

U.S. Sen. Ed Markey (D-Mass.) clinched the Democratic seat for his reelection campaign in Massachusetts’s primary election on Tuesday.

Markey won the deep-blue state with 64.8 percent of the vote, according to NBC News, triumphing over Marine Corps combat veteran and Congressman Seth Moulton, who received 35.2 percent of the vote.

Massachusetts’s primary election, which determined which Democratic candidate will head to the polls to face off against the Republican challenger in November, is being considered a victory for LGBTQ-inclusive policy, as well as for a divisive pro-transgender rights candidate — both things Markey has become an outspoken champion of.

Markey has experience at multiple levels of government, from the state level, where he served three terms in the state House of Representatives, to his federal tenure, including 20 terms in the U.S. House of Representatives and is now serving his second term as a senator. He has become a fixture of a changing Democratic Party in one of the most consistently blue places in the U.S.

This primary — and much of the national discussion surrounding the Senate seat — focused a lot of campaigning power on fighting the growing sentiment, led mostly by Republicans, that the frustration many Americans feel lends itself to an anti-establishment and anti-incumbent attitude.

Markey ran his campaign using his past as a reflection of his commitment to constantly putting his best foot forward for Bay Staters — particularly with apprehension for issues younger and more progressive democrats have been righting for — including Green New Deal and “Medicare for All” while Moulton — who was also elected to federal office prior to this run — campaigned on being younger than Markey, arguing that he was not the same type of established politician.

Moulton also faced backlash for negative comments about trans athletes, sparking criticism for those who did want younger candidate but want for trans rights to be protected.

Markey’s track record of supporting the LGBTQ community is one of the most clear in federal politics, one that has garnered a “100 percent lifetime voting record” on the Human Rights Campaign’s PAC politician review scorecard.

That list of Markey’s actions includes being a cosponsor of the Equality Act, driving landmark legislation to ensure federal protections for LGBTQ Americans, and being one of the most vocal proponents for trans rights in the federal government — specifically in multiple appropriations bills and in the National Defense Authorization Act. He was also the lead sponsor of the Transgender Health Care Access Act and the Transgender Bill of Rights resolution.

Markey first introduced the Transgender Bill of Rights in the Senate in 2023, where it ultimately failed to be brought to law. He reintroduced the legislation this year once again. This was a direct response to the attitude pushed by many conservatives after 2021, when the push to minimize trans rights started to become a key part of their cause and has been constantly propped up by the Trump-Vance administration.

“Massachusetts needs a senator who stands up and fights back, a senator who never forgets who they are fighting for,” Markey said during his victory speech. “That has been the mission of my life, and it always will be.”

Following the calling of the primary, a slew of LGBTQ organizations rallied behind Markey, many pushing his past as an asset that puts his money where his mouth is through advocating for legislation specifically protecting the LGBTQ community.

Tyler Hack, the executive director of the Christopher Street Project, an organization dedicated to pushing for legal protections for trans americans, released a statement following Markey’s win. Hack argued that putting forward such a staunchly pro-trans candidate is a win for the community, especially after endorsing him earlier this year.

“Tonight, anti-trans politics lost. Massachusetts rejected the idea that attacking transgender people is a shortcut to political power. Voters chose a different path: one where equality is not negotiable, cruelty is not courage, and transgender people do not have to disappear for Democrats to succeed.”

The Human Rights Campaign also endorsed him as a candidate earlier this year and issued a statement via its president, Kelley Robinson.

“Ed Markey has spent decades fighting for LGBTQ+ equality, for working people, and for a more livable world,” Robinson said. “He knows why equality matters. He’s stood with us no matter what. We were proud to endorse him this year, and when a pro-equality majority takes back the Senate this fall, we will continue to count on him as a champion for our community.”

Markey is running for reelection against Republican John Deaton in November, where he is expected to win.

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Congress

HRC president campaigns for Chris Pappas in NH

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

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Human Rights Campaign President Kelley Robinson, left, campaigns with U.S. Rep. Chris Pappas (D-N.H.) in Manchester, N.H., on Aug. 30, 2026. (Photo courtesy of the Human Rights Campaign)

Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.

Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.

Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.

Karishma Manzur is among the Democrats challenging Pappas.

A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.

The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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Congress

Chris Van Hollen says the Democratic Party needs change. Is he the one to lead it?

Senator is backing anti-establishment Democrats across the country

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By LEE O. SANDERLIN | The Democratic Party is having something of an identity crisis — losing to President Donald Trump twice in three elections will do that.

Should the party embrace anti-establishment figures who espouse progressive policy ideas like Medicare for all and rhetoric about unrigging the economy for the 1 percent? Or should Democrats try to appeal to moderates who want to return to semi-normalcy in a time of political upheaval?

Although he’s been in Congress since 2002, with key leadership roles throughout his tenure, Maryland Sen. Chris Van Hollen, 67, counts himself firmly in the anti-establishment camp.

The rest of this article can be found on the Baltimore Banner’s website.

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