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Pentagon to offer partner benefits to gay troops

Panetta sets goal for implementation of Aug. 31

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Gay News, Washington Blade, Gay Servicemembers
Outgoing Defense Secretary Leon Panetta

Outgoing Defense Secretary Leon Panetta (Blade photo by Michael Key)

The Pentagon announced on Monday that it will start the process of offering limited benefits available under current law to gay troops with same-sex partners.

In a memo dated Feb. 11 to senior Pentagon officials, outgoing Defense Secretary Leon Panetta enumerated the benefits that will be afforded to gay troops — which include military IDs, joint duty assignments and access to the commissary — and set a goal for implementing these benefits by Aug. 31, but no later than Oct. 1.

“Taking care of our service members and honoring the sacrifices of all military families are two core values of this nation,” Panetta said in a statement accompanying the memo. “Extending these benefits is an appropriate next step under current law to ensure that all service members receive equal support for what they do to protect this nation.”

Other benefits that will be afforded are access to morale, welfare and recreation programs; sexual assault counseling; legal assistance; child care; and space-available travel on military aircraft. A full list of the benefits can be found on Attachment 2 of the Panetta memo here.

The memo states the Pentagon will “immediately proceed” with implementing these changes and provide a plan within 60 days.

However, the Pentagon won’t at this time offer certain benefits that LGBT advocates have been seeking under current law, such as access to on-base housing, covering costs for transportation to an overseas post and burial at Arlington National Cemetery.

During a news briefing on Monday, a Pentagon senior official said housing wouldn’t be offered because extending that benefit would be “violating the spirit” of the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.

Panetta writes in the memorandum that the Pentagon will continue to review these benefits, indicating they haven’t yet been outright rejected.

“With regard to on-base housing, burial and benefits related to command sponsorship overseas, these benefits present complex legal and policy challenges due to their nexus to statutorily-prohibited benefits and due to ongoing reviews about how best to provide scarce resources,” Panetta wrote.

A Pentagon senior legal official at the briefing said the issue of housing was “sensitive” in 2010 as the Defense Department solicited comment among service members for its report on “Don’t Ask, Don’t Tell” because of the sense there isn’t enough housing for service members under current policy already.

“It’s a very sensitive issue because we don’t have enough housing for everybody,” the official said. “The other thing that factors is because it’s sensitive and there is a limited amount, you end up bumping people, and there’s sensitivity behind that. So, the secretary is going to let the working group work through it a little bit longer before they make a final decision.”

Asked who decided that housing shouldn’t be extended at this time, the Pentagon senior official said, “the decision was made by the department, by the department that we would not extend housing at this time.”

Despite the lack of inclusion of some benefits, OutServe-SLDN — which has called for the extension of these benefits since August 2011, before “Don’t Ask, Don’t Tell” was lifted — praised Panetta in a statement and described the move as “substantive.”

“Secretary Panetta’s decision today answers the call President Obama issued in his inaugural address to complete our nation’s journey toward equality, acknowledging the equal service and equal sacrifice of our gay and lesbian service members and their families,” said Allyson Robinson, executive director of OutServe-SLDN.

Shin Inouye, a White House spokesperson, said President Obama “welcomes” the benefits extension at the Pentagon. White House Press Secretary Jay Carney had previously told the Washington Blade the president was aware of the issue.

“The president welcomes the announcement by the Secretary of Defense that the department will extend certain benefits to the same-sex partners and families of service members based on its thorough and deliberate review of this issue,” Inouye said. “This step will strengthen our military and help ensure that all our troops and their families are treated with fairness and equality.”

The move will also be followed by the Coast Guard. In a statement following the news on Monday, Secretary of Homeland Security Janet Napolitano said she directed U.S. Coast Guard Commandant Adm. Robert Papp to implement partner benefits along the lines of the ones enacted in other branches of the military.

“The Department of Homeland Security and the U.S. Coast Guard stand with the Department of Defense on the extension of benefits for military same-sex partners,” Napolitano said. “The extension of benefits for military same-sex partners honors our Department’s guiding principles to treat all service members and applicants equally and with dignity and respect.”

Other benefits, such as health, pension and housing allowances, are precluded from gay service members because of Section 3 of DOMA. Litigation challenging that law, known as Windsor v. United States, is pending before the Supreme Court, and justices are expected to make a decision on the constitutionality of the law before their term ends in June.

Because implementation of these benefits won’t happen until months after the Supreme Court rules on DOMA, a decision from justices striking down the law could shake up which benefits will be afforded at that time.

“In the event that the Defense of Marriage Act is no longer applicable to the Department of Defense, it will be the policy of the Department to construe the words ‘spouse’ and ‘marriage’ without regard to sexual orientation, and married couples, irrespective of sexual orientation, and their dependents, will be granted full military benefits,” Panetta wrote.

The Pentagon senior official maintained the DOMA litigation had no impact on the timing to extend benefits and it was instead based on “what it takes to actually roll out the benefit.”

“Normally, you’re looking at eight months to a year or so,” the official said. “This is a very ambitious schedule. We’re really pressing hard to do this as quick as possible.”

The Pentagon senior legal official clarified the military IDs given to gay troops with same-sex partners or spouses will be different to denote these service members aren’t eligible for certain benefits under DOMA. The card won’t be a different color, although there will be a new code in place — “DP” — in the relationship category.

Gay service members need not be married to their same-sex partner for benefit eligibility. An unmarried same-sex couple can register with the Pentagon for benefits by signing a declaration attesting to the existence of their committed relationship. Benefits also may be available in some cases to the children of same-sex domestic partners.

The Pentagon senior official estimated the new benefits would reach 5,600 active duty troops, 3,400 members of the National Guard and Reserve and 8,000 retired service members. The official also said any cost of these benefits would be negligible on the federal government.

Pentagon officials have said since the time “Don’t Ask, Don’t Tell” was lifted in September 2011 that they’ve been reviewing the benefits issue, but no action has been taken until now. LGBT advocates, speaking on condition of anonymity, have said the military service chiefs objected to issuing these benefits because they believed the move would be seen as political if they were extended before the Supreme Court made a decision on DOMA.

The Pentagon senior legal official declined to comment on the opinion of the service chiefs when asked about any objections they might have had.

“There was a robust internal dialogue about all the issues,” the official said. “At the end of the day, the chiefs rendered their opinion and their advice to the secretary, and he considered it, and decided to do what he’s doing. To answer the question about what was the chiefs’ advice, I’ll defer to the chiefs.”

Beyond benefits, another move that LGBT advocates have been pushing for is an explicit non-discrimination policy for gay service members who feel they’re facing harassment or discrimination. OutServe-SLDN has said Defense Secretary nominee Chuck Hagel upon confirmation “must use his authority to ban discrimination” against LGBT service members.

The Pentagon senior official suggested the Defense Department was disinclined to take this action, saying, “We have not changed our policy at this time.” Asked to clarify if such a move is on the table, the senior official said, “The Pentagon’s position is always to treat all members with dignity and respect regardless of sexual orientation, and that has not changed.”

There will also be exclusion of these benefits for the partners of gay service members who are now deceased. Following the briefing, Pentagon spokesperson Lt. Cmdr. Nate Christiansen confirmed “there will not be grandfathering of benefits” for partners and spouses in this situation. That means Karen Morgan — the spouse of Chief Warrant Officer Charlie Morgan, who died Sunday after fighting DOMA and cancer — won’t be eligible for these benefits.

Chad Griffin, president of the Human Rights Campaign, said the Pentagon took a “historic step” by extending these benefits, but said more work is necessary as long as DOMA is in place.

“It’s time to right this wrong,” Griffin said. “When the Supreme Court considers the constitutionality of DOMA in the coming weeks, they should take note of the real harm this law inflicts every day. The Court should reflect on the sacrifice made by Americans like Staff Sergeant Tracy Johnson, whose wife was killed in action late last year, or the family of Chief Warrant Officer Charlie Morgan, who succumbed to cancer earlier this week. In both cases, DOMA barred specific benefits that could soften the tragic blow of the loss of a loved one.”

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The White House

Kennedy Center leadership changes as Trump ally Grenell departs

Numerous productions cancelled shows during gay Trump loyalist’s tenure

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Former Kennedy Center Executive Director Richard Grenell at a Senate Judiciary Committee hearing in January 2025. (Washington Blade photo by Michael Key)

Longtime Trump ally and openly gay “Special Presidential Envoy for Special Missions of the United States” Richard Grenell is stepping down from his leadership role at the John F. Kennedy Center for the Performing Arts.

The story was first reported by Axios on March 13 before President Donald Trump made any official statements about the leadership change at the Kennedy Center, which has undergone a sweeping overhaul of rule changes and pro-Trump appointees to its board since Trump took office in 2025.

In addition to packing the Kennedy Center boardroom with loyalists and appointing himself chair of the board in February 2025, the Trump-Vance administration has placed the president’s name on the facade in an attempt to rename the center — despite the move being illegal without an act of Congress to officially change its name. The administration has also painted the building’s columns white and removed diverse programming.

Since these changes, multiple shows have pulled out of performing at the historic venue — including productions associated with the Washington National Opera.

Matt Floca, the former vice president of facilities operations at the national cultural center under Grenell, has been named the new head of the Kennedy Center, according to Trump.

The change is expected to be announced at a Kennedy Center board of directors meeting at the White House on Monday, which Trump is expected to attend.

“I am pleased to announce that Matt Floca, subject to the approval of the Board of Directors, will be named the Chief Operating Officer and Executive Director of THE TRUMP KENNEDY CENTER where, as Vice President of Operations, Matt has helped us achieve tremendous progress in bringing the Center to the highest level of Excellence!” Trump wrote in a post on Truth Social. “A Complete Reconstruction of THE TRUMP KENNEDY CENTER will begin after the July 4th Celebration, with a scheduled Grand Re-Opening in approximately two years.”

“Ric Grenell has done an excellent job in helping to coordinate various elements of the Center during the transition period, and I want to thank him for the outstanding work he has done,” the post added. “THE TRUMP KENNEDY CENTER will be, at its completion, the finest facility of its kind anywhere in the World! — President DONALD J. TRUMP.”

Grenell previously served as U.S. ambassador to Germany and later as acting director of national intelligence during Trump’s first term. He led the Kennedy Center during a period in which its programming was reshaped and new board members aligned with Trump were appointed. Trump also named himself chair of the board.

Congress approved $257 million in reconstruction funding for the Kennedy Center in last year’s spending package, a project estimated to take roughly two years to complete. Kennedy Center officials have also said they implemented increased cost-cutting measures — including large-scale layoffs — and that staff salaries are no longer being paid using debt reserves.

Actor Harvey Fierstein, a longtime critic of Trump’s takeover of the cultural institution and an award-winning openly gay performer, posted on Instagram celebrating Grenell’s departure.

“Good old anti-LGBTQ+ self-loathing dick licker, #RichardGrenell, is moving on to ruin something new under the auspices of our demented war-mongering MAGA fool Prez,” Fierstein wrote. “Maybe #RicGrennell can open a little boutique selling red baseball hats. But first, after destroying the Kennedy Center for the Arts, he’s earned a vacation. Maybe he and Kristi Noem can go puppy hunting together. They can tell each other tales of when they were once called ‘the best people’ and other fairy tales.”

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Federal Government

Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House

Andry Hernández Romero had asked for asylum in US

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.

Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.

The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.

Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.

Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.

“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.” 

Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.

‘Due process and accountability cannot be optional’

Immigrant Defenders Law Center on Friday also made the following demands: 

  • The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released. 
  • The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.  
  • DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.  
  • DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.  
  • Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.   

“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.” 

“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.” 

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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.

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President Donald Trump stands in the Roosevelt Room in December 2025. (Washington Blade Photo by Joe Reberkenny)

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.

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