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Social Security to process survivor benefits for gay couples

Claims from couples in non-marriage equality states will be placed on hold

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Proposition 8, Prop 8, DOMA, Defense of Marriage Act, Supreme Court, gay rights, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

Married gay couples are now receiving Social Security benefits in the aftermath of the court decision against DOMA (Washington Blade photo by Michael Key).

The Obama administration on Monday announced the latest new policy in the aftermath of the Supreme Court ruling against Defense of Marriage Act: the Social Security Administration will now begin processing survivor’s benefits for certain married same-sex couples.

Carolyn Colvin, acting commissioner of Social Security, said in a statement that benefits will begin to flow to the surviving spouses of same-sex marriages — at least in some cases — in the same way they flow to survivors of opposite-sex marriages.

“I am pleased to announce that, effective today, Social Security is processing some widow’s and widower’s claims by surviving members of same-sex marriages and paying benefits where they are due,” Colvin said. “In addition, we are able to pay some one-time lump sum death benefit claims to surviving same-sex spouses.”

In August, the Social Security Administration announced similar policy on new benefits for same-sex couples in the aftermath of the court ruling on DOMA. But the announcement months ago pertained to retirement benefits, unlike the announcement Monday regarding survivor benefits.

But there’s a caveat to the new policy for a survivor of a same-sex marriage if both individuals in the relationship moved to a non-marriage equality state. Claims for survivor benefits or the one-time lump sum death benefit from in this situation will be placed on hold, according to Program Operations Manual System document accompanying the announcement. Social Security law looks to the state of residence, not the state of celebration, in determining whether a same-sex couple is married.

However, according to the guidance, a person in a same-sex marriage living in a non-marriage equality state is eligible for the one-time lump sum death benefit if the other person in the relationship died while living in another state that recognizes same-sex marriage.

Although the Social Security Administration is placing certain claims on hold, Colvin encourages all individuals who believe they may be eligible for Social Security “to apply now to protect against the loss of any potential benefits,” saying the agency will process these benefits upon further instructions.

The hold on survivor benefits claims from gay couples in non-marriage equality states is similar to current policy for retirement spousal benefits. Claims for retirement benefits from married gay couples in these states are still being placed on hold. The Obama administration has yet to articulate whether it’ll be able to process these claims in the aftermath of the court ruling against DOMA or if more legislative action is necessary.

Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said the announcement is welcome news, but acknowledged more action is necessary to provide appropriate benefits for same-sex couples.

“This is welcome news from the Social Security Administration but as they point out, this is not the end of the road in applying the Windsor decision to benefits owed to same-sex couples,” Cole-Schwartz said. “We look forward to continuing our work with them to ensure that as many benefits as possible are made available to couples expeditiously.

In the statement, Colvin said her agency will continue to work the Justice Department to resolve legal issues for married same-sex couples in the aftermath of the court ruling against DOMA.

“As I stated shortly after the Supreme Court decision on Section 3 of the Defense of Marriage Act, our goal is to treat all Americans with dignity and respect,” Colvin said. “We ask for continued patience from the public as we work closely with the Department of Justice to develop policies that are legally sound so we can process claims.”

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District of Columbia

‘No Kings’ protests set for D.C.

Anti-Trump demonstrations to take place across country on Saturday

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A 'No Kings' protest took place in D.C. on Oct. 18, 2025. (Washington Blade photo by Michael Key)

As President Donald Trump and his administration escalate rhetoric targeting transgender youth and student athletes, push efforts to restrict voting access for millions of Americans, and pursue foreign policy decisions that critics say bypass congressional authority, organizers across the country are once again mobilizing in protest.

For many LGBTQ advocates, the moment feels especially urgent.

In recent months, activists have pointed to a surge in anti-trans legislation, attacks on gender-affirming care, and efforts to roll back nondiscrimination protections as direct threats to the safety and visibility of queer and trans communities. Organizers say the demonstrations are not just about policy, but about defending the right of LGBTQ people — particularly trans youth and people of color — to live openly and safely.

Thousands of “No Kings” protests are planned nationwide, with multiple demonstrations set to take place in D.C.

One of the primary events, “No Kings Washington,” will be held in Anacostia, an overwhelmingly Black area of D.C. that is often at the center of conversations around racial justice, policing, and access to resources in the nation’s capital.

The protest in Anacostia is focused on what organizers describe as the “power behind the throne,” specifically Stephen Miller, the White House Deputy Chief of Staff for Policy and Homeland Security Advisor. Miller has been closely associated with the administration’s “zero tolerance” immigration policy, including the family separation practice that resulted in thousands of children being separated from their parents at the Southern border.

Activists have also linked immigration enforcement policies to broader concerns about LGBTQ migrants, including queer asylum seekers who often face heightened risks of violence and discrimination both in their home countries and within detention systems.

Anacostia protest details:

Participants are asked to gather starting at 1:30 p.m. on the southeast side of the Frederick Douglass Bridge. The closest Metro station is Anacostia on the Green Line, about an 8-minute walk from the starting point. Organizers strongly encourage attendees to use public transportation, as street parking is limited.

The march will proceed past Fort McNair and conclude near the Waterfront Metro station.

D.C. icon and LGBTQ activist Rayceen Pendarvis is set to speak at the protest around 2 p.m.

Kalorama protest details:

A separate protest will take place earlier in the day in Kalorama, a neighborhood long associated with political power and home to presidents, cabinet officials, and foreign ambassadors. Demonstrators are expected to gather at 10 a.m., with a march running until approximately noon near the intersection of Connecticut Avenue and Kalorama Road.

Arlington/National Mall protest details:

Another group is expected to assemble at Memorial Circle near Arlington National Cemetery at 10 a.m. before crossing the Memorial Bridge into D.C., passing the Lincoln Memorial and continuing on to the Washington Monument. Organizers say the march is intended to defend “American democracy, the rule of law, and a healthy planet.”

Unlike last June — when organizers discouraged large-scale demonstrations in D.C. due Trump’s military/birthday parade — activists are now explicitly calling on people to show up in the nation’s capital and surrounding areas.

The protests also coincide with Transgender Day of Visibility weekend, which includes additional gatherings and celebrations on the National Mall. At the same time, peak bloom for the National Cherry Blossom Festival is expected to draw large crowds to the city. With multiple major events happening simultaneously, officials and organizers anticipate significant congestion, increased traffic, and crowded public transit throughout the weekend.

Organizers are urging participants to plan ahead and come prepared.

“Bring your signs, noisemakers, music, and creative ideas, and gather in joyful, nonviolent protest,” they said. “Children are very welcome.”

For more information, visit nokings.org.

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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