National
OPM to extend health coverage to gay couples’ children
Agency reinterprets definition of ‘stepchild’ as it pertains to federal workers
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.
The White House
Trump proclamation targets trans rights as State Dept. shifts visa policy
Recent policy actions from the White House limit transgender rights in sports, immigration visas, and overarching federal policy.
In a proclamation issued by the Trump White House Thursday night, the president said he would, among other things, “restore public safety” and continue “upholding the rule of law,” while promoting policies that restrict the rights of transgender people.
“We are keeping men out of women’s sports, enforcing Title IX as it was originally written, and ensuring colleges preserve — and, where possible, expand — scholarships and roster opportunities for female athletes,” the proclamation reads. “At the same time, we are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”
The statement comes amid a broader series of actions by the Trump administration targeting transgender people across multiple federal policy areas, including education, health care, and immigration. A nearly complete list of policies the current administration has put forward can be found on KFF.org.
One day before the proclamation was issued, the U.S. State Department announced changes to visa regulations that could impact transgender and gender-nonconforming people seeking entry into the United States.
The policy, published March 11 and scheduled to take effect April 10, introduces changes to the Diversity Immigrant Visa Program, commonly known as the “DV Program.” The rule is framed by the department as an effort to strengthen oversight and prevent fraud within the visa lottery system, which allocates a limited number of immigrant visas annually to applicants from countries with historically low rates of immigration to the United States.
However, the updated language also standardizes the use of the term “sex” in federal regulations in place of “gender,” a change that LGBTQ advocates say could create additional barriers for transgender and gender-diverse applicants.
The policy states: “The Department of State (‘Department’) is amending regulations governing the Diversity Immigrant Visa Program (‘DV Program’) to improve the integrity of, and combat fraud in, the program. These amendments require a petitioner to the DV Program to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or otherwise indicate that he or she is exempt from this requirement. Additionally, the Department is standardizing and amending its regulations to add the word ‘shall’ to simplify guidance for consular officers; ensure the use of the term ‘sex’ in lieu of ‘gender’; and replace the term ‘age’ in the DV Program regulations with the phrase ‘date of birth’ to accurately reflect the information collected and maintained by the Department during the immigrant visa process.”
Advocates say the shift toward using “sex” rather than “gender” in federal immigration rules reflects a broader push by the administration to roll back recognition of transgender identities in federal policy.
According to the National Center for Transgender Equality, an estimated 15,000 to 50,000 undocumented transgender immigrants currently live in the United States, with many entering the country to seek refuge from persecution and hostile governments in their home countries.
Florida
Fla. House passes ‘Anti-Diversity’ bill
Measure could open door to overturning local LGBTQ rights protections
The Florida House of Representatives on March 10 voted 77-37 to approve an “Anti-Diversity in Local Government” bill that opponents have called an extreme and sweeping measure that, among other things, could overturn local LGBTQ rights protections.
The House vote came six days after the Florida Senate voted 25-11 to pass the same bill, opening the way to send it to Republican Gov. Ron DeSantis, who supports the bill and has said he would sign it into law.
Equality Florida, a statewide LGBTQ advocacy organization that opposed the legislation, issued a statement saying the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”
The statement added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.
“Written in broad and ambiguous language, the bill is the most extreme of its kind in the country, creating confusion and fear for local governments that recognize LGBTQ residents and other communities that contribute to strength and vibrancy of Florida cities,” the group said in a separate statement released on March 10.
The Miami Herald reports that state Sen. Clay Yarborough (R-Jacksonville), the lead sponsor of the bill in the Senate, said he added language to the bill that would allow the city of Orlando to continue to support the Pulse nightclub memorial, a site honoring 49 mostly LGBTQ people killed in the 2016 mass shooting at the LGBTQ nightclub.
But the Equality Florida statement expresses concern that the bill can be used to target LGBTQ programs and protections.
“Debate over the bill made expressly clear that LGBTQ people were a central target of the legislation,” the group’s statement says. “The public record, the bill sponsors’ own statements, and hours of legislative debate revealed the animus driving the effort to pressure local governments into pulling back from recognizing or resourcing programs targeting LGBTQ residents and other historically marginalized communities,” the statement says.
But the statement also notes that following outspoken requests by local officials, sponsors of the bill agreed to several amendments “ensuring local governments can continue to permit Pride festivals, even while navigating new restrictions on supporting or promoting them.”
The statement adds, “Florida’s LGBTQ community knows all too well how to fight back against unjust laws. Just as we did, following the passage of Florida’s notorious ‘Don’t Say Gay or Trans’ law, we will fight every step of the way to limit the impact of this legislation, including in the courts.”
The White House
Trump will refuse to sign voting bill without anti-trans provisions
Measure described as ‘Jim Crow 2.0’
President Donald Trump said he will refuse to sign any legislation into law unless Congress passes the “SAVE Act,” pressuring lawmakers to move forward with the controversial voting bill.
In posts on Truth Social and other social media platforms, the 47th president emphasized the importance of Republican lawmakers pushing the legislation through while also using the opportunity to denounce gender-affirming care.
“I, as President, will not sign other Bills until this is passed, AND NOT THE WATERED DOWN VERSION — GO FOR THE GOLD,” Trump posted. “MUST SHOW VOTER I.D. & PROOF OF CITIZENSHIP: NO MAIL-IN BALLOTS EXCEPT FOR MILITARY — ILLNESS, DISABILITY, TRAVEL: NO MEN IN WOMEN’S SPORTS: NO TRANSGENDER MUTILIZATION FOR CHILDREN! DO NOT FAIL!!!”
The proposed Safeguard American Voter Eligibility (SAVE) Act would amend the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections. Trump has also called for the legislation to include a ban on gender-affirming medical care for transgender minors, even with parental consent.
“This is a huge priority for the president. He added on some priorities to the SAVE America Act in recent days, namely, no transgender transition surgeries for minors. We are not gonna tolerate the mutilation of young children in this country. No men in women’s sports,” White House Press Secretary Karoline Leavitt said. “The president putting all of these priorities together speaks to how common sense they are.”
The comments mark the first time the White House has publicly confirmed that Trump is pushing to attach anti-trans policies to the SAVE Act.
The bill would also require the removal of undocumented immigrants from existing voter rolls and allow election officials who fail to enforce the proof-of-citizenship requirement to be sued.
It is already illegal for noncitizens to vote in federal elections. Current safeguards include requirements such as providing a Social Security number when registering to vote, cross-checking voter rolls with federal data and, in some states, requiring identification at the polls.
Trump began pushing for the legislation during his State of the Union address last month, where he singled out Senate Majority Leader John Thune (R-S.D.) by name while criticizing the lack of movement on the bill.
Senate Minority Leader Chuck Schumer (D-N.Y.) has denounced the legislation as “Jim Crow 2.0” and said it has little chance of advancing through the Senate, calling it “dead on arrival.”
In remarks on the Senate floor, Schumer said “the SAVE Act includes such extreme voter registration requirements that, if enacted, could disenfranchise 21 million American citizens.”
Trump has repeatedly used political messaging around trans youth and gender-affirming care as part of broader cultural and policy debates during his presidency — most recently during his State of the Union address, where he cited the case of Sage Blair, a Virginia teenager whose school allegedly encouraged her to transition without her parents’ consent.
LGBTQ advocates — including those familiar with Blair’s story — say the situation was far more complex than described and argue that using a single anecdote to justify sweeping federal restrictions could place trans people, particularly youth, at greater risk.
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