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OPM to extend health coverage to gay couples’ children

Agency reinterprets definition of ‘stepchild’ as it pertains to federal workers

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U.S. Office of Personnel Management (photo public domain)

Gay federal employees will be able to cover the children of their same-sex partners under the federal health insurance plan once a proposed rule published Friday by the U.S. Office of Personnel Management is enacted.

Under the proposed regulation, children will be eligible for coverage if a parent is in a domestic same-sex relationship with a federal employee who receives coverage through federal programs. These children would be eligible for coverage — both under the Federal Employees Health Benefits Program and the Federal Employees Dental & Vision Program — regardless of whether or not they’ve been legally adopted by the federal employee.

The same rule also brings federal health program rules into compliance with the Affordable Care Act, which stipulates insurers providing dependent coverage extend that coverage to the children of individuals they insure until the age of 26.

Emily Hecht-McGowan, the Family Equality Council’s public policy director, said the proposed rule is important because many LGBT families throughout the country live in states without legal protections.

“Most of the two million children raised by LGBT parents live in states where their parents cannot marry, cannot secure legal ties to their own kids and cannot get their children covered under a health insurance plan,” Hecht-McGowan said. “This rule change means that federal workers can now be assured that a high fever, broken arm or debilitating illness won’t jeopardize their child’s health or their family’s finances.”

Now that the rule has been proposed, OPM will take public comment on its implementation, which must be received by the agency within 60 days. The rule would be made final at some later time, but there’s no required or definitive timeline for publication of the final rule. Typically regulations become effective 30 days after they’re issued.

Right now, federal employees can obtain coverage for the children of their same-sex partners if he or she adopts their partner’s children. But adoption isn’t available to same-sex couples everywhere: only in 18 states and D.C. is second-parent adoption available statewide.

Brian Moulton, legal director for the Human Rights Campaign, said the proposed rule change is important because of this limited availability of second-parent adoption.

“In the absence of fair adoption laws, thousands of same-sex parents across the country remain legal strangers to the children they have raised from birth,” Moulton said. “By issuing this proposed rule, OPM will ensure that fewer children of federal workers will be denied health care coverage simply because their parents are a same-sex couple.”

According to the proposed rule, the change is being made because of a memorandum that President Obama issued on domestic partner benefits. On June 17, 2009, Obama extended limited partner benefits to gay federal employees and called on U.S. agencies to determine additional benefits could be extended. The results of that review were compiled by OPM and sent to the White House as recommendations. A subsequent memo from Obama on June 2, 2010 instructed agencies to implement them.

But since the time OPM made its recommendations, the agency determined that the definition of the term “stepchild” in U.S. code dealing with federal employees could be interpreted as a child of a same-sex partner of a federal employee.

“This regulatory action is necessary to implement fully the Presidential Memoranda cited above and is consistent with OPM’s policy determination that extension of coverage is appropriate,” the proposed rule says. “Accordingly, this proposed rule extends FEHB and FEDVIP coverage to children of same-sex domestic partners of enrolled employees and annuitants.”

The proposed rule isn’t expected to have a significant economic impact because it only adds additional groups to the list of groups eligible for coverage under the federal health care system.

As part of the proposed rule change, federal health program regulations would be amended so that if a federal employee doesn’t establish that insuring their partner’s child qualifies for favorable tax treatment under applicable tax laws, the employee can be taxed on the fair market value of the coverage. As part of the process for seeking comments, OPM is specifically seeking input on how the fair market value might be calculated for different plans, including, for example, a high deductible health plan with a health reimbursement arrangement.

The proposed rule change means the children of same-sex partners of federal employees would have access to benefits unavailable to the same-sex partners themselves. The Obama administration has said it cannot extend major benefits — health and pension benefits — to the same-sex partners of federal employees because of the Defense of Marriage Act. Legislation that would extend those benefits, called the Domestic Partnership Benefits & Obligations Act, was reported out of the Senate committee of jurisdiction in May, but hasn’t yet come to a floor vote.

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Puerto Rico

Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga

Puerto Rican activist celebrates half time show

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Bad Bunny performs at the Super Bowl halftime show on Feb. 8, 2026. (Screen capture via NFL/YouTube)

Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.

Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.

“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”

La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.

“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”

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Human Rights Watch sharply criticizes US in annual report

Trump-Vance administration ‘working to undermine … very idea of human rights’

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(Washington Blade photo by Yariel Valdés González)

Human Rights Watch Executive Director Philippe Bolopion on Wednesday sharply criticized the Trump-Vance administration over its foreign policy that includes opposition to LGBTQ rights.

“The U.S. used to actually be a government that was advancing the rights of LGBT people around the world and making sure that it was finding its way into resolutions, into U.N. documents,” he said in response to a question the Washington Blade asked during a press conference at Human Rights Watch’s D.C. offices. “Now we see the opposite movement.”

Human Rights Watch on Wednesday released its annual human rights report that is highly critical of the U.S., among other countries.

“Under relentless pressure from U.S. President Donald Trump, and persistently undermined by China and Russia, the rules-based international order is being crushed, threatening to take with it the architecture human rights defenders have come to rely on to advance norms and protect freedoms,” said Bolopion in its introductory paragraph. “To defy this trend, governments that still value human rights, alongside social movements, civil society, and international institutions, need to form a strategic alliance to push back.”

From left: Human Rights Watch Executive Director Philippe Bolopion and Human Rights Watch Washington Director Sarah Yager at a press conference at Human Rights Watch’s D.C. offices on Feb. 4, 2026. (Photo courtesy of Human Rights Watch)

The report, among other things, specifically notes the U.S. Supreme Court’s Skrmetti decision that uphold a Tennessee law banning gender-affirming medical interventions for minors.

The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and the U.N. Human Rights Council. Bolopion in response to the Blade’s question during Wednesday’s press conference noted the U.S. has also voted against LGBTQ-inclusive U.N. resolutions.

Maria Sjödin, executive director of Outright International, a global LGBTQ and intersex advocacy group, in an op-ed the Blade published on Jan. 28 wrote the movement around the world since the Trump-Vance administration took office has lost more than $125 million in funding.

The U.S. Agency for International Development, which funded myriad LGBTQ and intersex organizations around the world, officially shut down on July 1, 2025. The Trump-Vance administration last month announced it will expand the global gag rule, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services, to include organizations that promote “gender ideology.”

“LGBTQ rights are not just a casualty of the Trump foreign policy,” said Human Rights Watch Washington Director Sarah Yager during the press conference. “It is the intent of the Trump foreign policy.”

The report specifically notes Ugandan authorities since the enactment of the country’s Anti-Homosexuality Act in 2023, which punishes “‘carnal knowledge’ between people of the same gender” with up to life in prison, “have perpetrated widespread discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) people, their families, and their supporters.” It also highlights Russian authorities “continued to widely use the ‘gay propaganda’ ban” and prosecuted at least two people in 2025 for their alleged role in “‘involving’ people in the ‘international LGBT movement’” that the country’s Supreme Court has deemed an extremist organization.

The report indicates the Hungarian government “continued its attacks on and scapegoating of lesbian, gay, bisexual, and transgender (LGBT) people” in 2025, specifically noting its efforts to ban Budapest Pride that more than 100,000 people defied. The report also notes new provisions of Indonesia’s penal code that took effect on Jan. 2 “violate the rights of women, religious minorities, and lesbian, gay, bisexual, and transgender (LGBT) people, and undermine the rights to freedom of speech and association.”

“This includes the criminalization of all sex outside of marriage, effectively rendering adult consensual same-sex conduct a crime in Indonesia for the first time in the country’s history,” it states.

Bolopion at Wednesday’s press conference said women, people with disabilities, religious minorities, and other marginalized groups lose rights “when democracy is retreating.”

“It’s actually a really good example of how the global retreat from the U.S. as an actor that used to be very imperfectly — you know, with a lot of double standards — but used to be part of this global effort to advance rights and norms for everyone,” he said. “Now, not only has it retreated, which many people expected, but in fact, is now working against it, is working to undermine the system, is working to undermine, at times, the very idea of human rights.”

“That’s definitely something we are acutely aware of, and that we are pushing back,” he added.

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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