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OPM lays out post-DOMA plan for fed’l employee benefits

Health, pension, dental and life insurance benefits available immediately

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U.S. Office of Personnel Management has instituted new guidance for married gay federal employees in the wake of DOMA (photo public domain)

U.S. Office of Personnel Management has instituted new guidance for married gay federal employees in the wake of the DOMA court ruling. (photo public domain)

Gay federal employees in legal same-sex marriages will be eligible immediately for health and pension benefits in the aftermath of the Supreme Court ruling against Section 3 of the Defense of Marriage Act, according to a new memo from the U.S. Office of Personnel Management.

The memorandum, dated June 28 and signed by OPM acting director Elaine Kaplan, identifies five new areas of benefits that will be available after the court decision for the legal spouses as well as newly qualified children and stepchildren of gay federal employees.

“There are numerous benefits that are affected by the Supreme Court’s decision, and it is impossible to answer every question that you might have,” Kaplan, a lesbian, writes. “Nevertheless, I want to assure you that the U.S. Office of Personnel Management is committed to working with the Department of Justice to ensure swift and seamless implementation of the court’s ruling.”

The five new benefits identified in the memo are:

• health insurance through the Federal Health Employees Benefits (FEHB) plan;

• life insurance through the Federal Employees’ Group Life Insurance (FEGLI) program;

• dental and vision insurance through the Federal Employee Dental and Vision Insurance Program (FEDVIP);

• long-term care insurance under the Federal Long Term Care Insurance Program (FLTCIP);

• retirement benefits;

• and the ability to submit claims for medical expenses through flexible spending accounts.

For each of the four insurance benefits in the memo, gay federal employees must elect to make a change within the window of 60 days between June 26, 2013 and August 26, 2013 to enroll. With respect to health, dental and vision insurance, the next opportunity would be at the start of open season later this year.

For employees who already have health coverage under a FEHB plan, coverage will begin immediately. For those who don’t, benefits will be effective on the first day of the first pay period after the enrollment request is received.

To be eligible for retirement benefits for their same-sex spouses, gay federal employees have two years until after the Supreme Court decision, or June 26, 2015, to inform OPM they have a legal marriage that qualifies for recognition and elect and changes to benefits.

The OPM memo is the first of many pieces of guidance expected from federal agencies in the wake of the Supreme Court’s decision to strike down the Defense of Marriage Act. After the court ruling, President Obama said he instructed U.S. Attorney Eric Holder to work with other Cabinet members to implement the end to the Defense of Marriage Act.

In a statement, Obama called the OPM guidance “a critical first step” toward implementing the Supreme Court ruling that determined “all married couples should be treated equally under federal law.”

“Thousands of gays and lesbians serve our country every day in the federal government,” Obama said. “They, and their spouses and children, deserve the same respect and protection as every other family.”

In another statement, Holder said the Obama administration by offering these benefits “is making real the promise of this important decision” against DOMA, but there’s more to come.

“As the President directed, the Department of Justice will continue to coordinate with other federal agencies to implement this ruling as swiftly and smoothly as possible,” Holder said. “I look forward to sharing additional information as it becomes available. We will never stop fighting to ensure equality, opportunity, and – above all – justice for everyone in this country.”

Leonard Hirsch, a board member for the LGBT federal employee affinity group known as Federal GLOBE, called the guidance “an extraordinary result” for everyone’s who been working on the issue for decades.

“It opens up the key benefits that key benefits for federal employees that have been closed — health insurance, life insurance — to the same-sex spouses of federal employees and retirees,” Hirsch said.

Hirsch also emphasized the word must to get out to federal retirees that their same-sex spouses are eligible for federal benefits in the wake of the ruling against DOMA.

“This was included, so this is a wonderful, inclusive set of changes that OPM has been preparing for and announced today,” Hirsch said.

Thomas Richards, an OPM spokesperson, confirmed that the guidance applies to all employees in legal same-sex marriages — even those that live in states that don’t recognize marriage equality.

“These benefits will be available to any federal employee or annuitant who has a valid marriage license, regardless of their state of residency,” Richards said.

But the guidance doesn’t cover federal employees in same-sex relationships who aren’t married, such as those in domestic partnerships or civil unions. In July, gay Rep. Mark Pocan (D-Wis.) is expected to introduce the legislation known as the Domestic Partnership Benefits & Obligations Act to address this issue.

Richards noted the limitations of the new guidance is restricted to legally married federal employees, but recalled a 2009 memorandum from President Obama that offered limited benefits to employees in civil unions or domestic partnerships

“Acting Director Kaplan’s memo identifies certain benefits previously available only to opposite-sex spouses that are now available to all legally married spouses, including same-sex spouses,” Richards said. “OPM has already extended benefits to same-sex domestic partners to the extent permissible under the law.”

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Justice Department eyes criminal probe of Santos’ campaign finances

House Speaker Kevin McCarthy’s (R-Calif.) office has not commented

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U.S. Attorney General Merrick Garland (Screen shot/CSPAN)

The Justice Department has asked the Federal Election Commission to hold off on law enforcement activity over Republican U.S. Rep. George Santos (N.Y.) as federal prosecutors conduct their own criminal probe into the congressman’s campaign finances.

The news, first reported Friday by the Washington Post, was confirmed Saturday by the Washington Blade via a Justice Department source familiar with the matter who was not authorized to speak with the press.

The attorney who filed the FEC complaint against Santos previously told the Blade that the agency would yield to the Justice Department if prosecutors initiate a criminal probe — indicating that in Washington the matter would be overseen by the Department’s Public Integrity Section. 

The Nassau County District Attorney’s Office and the office of New York Attorney General Letitia James are also looking into Santos’ financial conduct, while the congressman has simultaneously been enmeshed in controversies over his compulsive lying, having fabricated virtually every part of his life and identity. 

As of this publication, House Speaker Kevin McCarthy’s (R-Calif.) office has not responded to a request seeking comment. McCarthy, along with the rest of Republican leadership in the chamber, have addressed the controversies only minimally, telling reporters they have no plans to ask Santos to step down until or unless criminal proceedings against him are underway.

Santos voted for McCarthy’s bid for speakership in each of the 15 ballots that were required to unite the House GOP conference behind him due to the objections of a couple dozen ultra-conservative members who were able to delay the vote and extract painful concessions because of the party’s narrow control of the House majority.

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EXCLUSIVE: Pelosi reflects on long career, LGBTQ advocacy

Former Speaker credits activists who fought for AIDS funding, marriage equality

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Rep. Nancy Pelosi (D-Calif.) (Photo courtesy of the Office of Nancy Pelosi)

Rep. Nancy Pelosi (D-Calif.) sat down with the Washington Blade in her office Tuesday evening for an exclusive interview just weeks after formally stepping down from leadership, having led her party in the House for 20 years, including as Speaker. 

Pelosi reflected on the role she has played in landmark legislative achievements, including milestones in the fight for LGBTQ rights. She also addressed some current events that have earned significant attention from political observers and the beltway press. 

So much of the historic progress over the past few decades in advancements toward the legal, social, and political equality of LGBTQ Americans, including those living with HIV/AIDS, was facilitated directly or otherwise supported by Pelosi’s leadership in Congress, but she was quick to credit the tireless work of individual activists and LGBTQ, civil rights, and HIV/AIDS advocacy groups.

“I attribute the success with [fighting] HIV/AIDS and everything that came after,” from legislation on hate crimes to marriage equality, “to the outside mobilization” of these activists and organizations, she told the Blade.

Despite positioning herself as an advocate for LGBTQ rights well before that position was popular, Pelosi said she is unaware of any instances where she may have suffered political consequences as a result. Regardless, she said, “I don’t care.”  

The more she has been criticized for championing LGBTQ rights in Congress, “the more proud I am” of that work, Pelosi added. 

Pelosi has always been a strident LGBTQ ally, guided by her commitment to justice, love, and fairness as ordained by the teachings of her Catholic faith. These ideals are in perfect alignment, she said, as opposed to the position held by many opponents of LGBTQ rights who nevertheless claim to believe we are all created in God’s image. 

During an interview with Larry King, when serving as the San Francisco Democratic National Convention host committee chairwoman in 1984, Pelosi said the late television host remarked: “I just don’t understand how a Catholic girl who grew up in Baltimore, Maryland is such a champion for gay rights.”

“You’ve answered your own question,” Pelosi told him, referring to his mention of her Catholicism. “It is our faith that tells us that we’re all God’s children, and we must respect the dignity and worth of every person.”

Pelosi’s time in Congress began with the AIDS crisis, and she has kept up the fight ever since 

After committing herself and the Congress to the fight against HIV/AIDS during her first speech from the floor of the House in 1987, Pelosi said some of her colleagues asked whether she thought it wise for her feelings on the subject to be “the first thing that people know about you” as a newly elected member.

They questioned her decision not because they harbored any stigma, but rather for concern over how “others might view my service here,” Pelosi said. The battle against HIV/AIDS, she told them, “is why I came here.”

“It was every single day,” she said. 

Alongside the “big money for research, treatment, and prevention” were other significant legislative accomplishments, such as “when we] were able to get Medicaid to treat HIV [patients] as Medicaid-eligible” rather than requiring them to wait until their disease had progressed to full-blown AIDS to qualify for coverage, said Pelosi, who authored the legislation.

“That was a very big deal for two reasons,” she said. First, because it saved lives by allowing low-income Americans living with HIV to begin treatment before the condition becomes life-threatening, and second, because “it was the recognition that we had this responsibility to intervene early.”

Other milestones in which Pelosi had a hand include the Housing Opportunities for People with AIDS program, President Bush’s PEPFAR (President’s Emergency Plan For AIDS Relief) initiative, the Affordable Care Act (which contains significant benefits for Americans living with HIV/AIDS), and funding for the Ending the Epidemic initiative. 

The last appropriations bill passed under Pelosi’s tenure as Democratic leader in December contained an additional $100 million boost to HIV/AIDS programs. 

These and other hard-won victories over the years – from the biomedical progress made possible by investment in research to foreign aid packages that have saved countless lives overseas – have often come despite staunch opposition from lawmakers, particularly congressional Republicans.

For instance, the late former Sen. Jesse Helms of North Carolina opposed federal funding for HIV/AIDS research because he considered it tantamount to the government’s endorsement of “the homosexual lifestyle” responsible for the spread of the disease in the U.S.

nancy pelosi, gay news, Washington Blade
Rep. Nancy Pelosi speaks at the NGLCC National Dinner in 2018. (Blade photo by Michael Key)

Asked how she might compare anti-LGBTQ members like Helms with whom she worked in the past to those serving today, Pelosi said the most salient difference is the homophobic and transphobic attitudes among lawmakers in previous decades were in many cases borne out of ignorance. 

Pelosi said that while the prejudice was “horrible [back] then” and she was “impatient” with lawmakers in the House who exhibited attitudes similar to those expressed by Helms, at that time people who held those views were often “just not up to date on what was happening in the world.” 

(Pelosi noted that, for his part, Helms seemed to soften his stance on matters concerning HIV/AIDS. She suspects U2 frontman Bono may have successfully appealed to Helms as a parent, but “I don’t know exactly.”)

By contrast, today’s lawmakers, like the overwhelming majority of Americans, “must have a growing awareness of [LGBTQ] people in their own communities, maybe in their own families,” Pelosi said. “They’re really in a different world,” which means, they “have made a decision that they’re going to be anti-LGBTQ,” she said, adding that hate and prejudice today is most often directed at the trans community. “It’s completely unacceptable.” 

Asked to share her thoughts on the many scandals that have unfolded over the past couple of months concerning gay freshman GOP Rep. George Santos of New York, Pelosi pointed out that while the congressman has dominated headlines recently, other members of the House Republican caucus who have weaponized homophobia and transphobia to a far greater extent than he are much more dangerous. 

But first, Pelosi said that House Democrats would never do what the Republican leadership has done by tolerating the embattled freshman congressman to protect their slim majority control of the chamber.

Santos is “almost a joke; he’s become a punch line,” Pelosi said. “He’s outrageous, and there’s no way he should be allowed to serve” given the extent to which the congressman has failed to exhibit the “dignity” required of members who are privileged to serve in the House of Representatives.

At the same time, “there are people over there who are more seriously dangerous to the freedoms in our country than him” Pelosi said. She pointed to the hate mongering and fear mongering in which many of Santos’s Republican colleagues have engaged, including “the things that that they say about trans families and, just, the injustice of it all.” 

Rep. Nancy Pelosi visits the site of the Pulse massacre in 2016.

The aim of these far-right lawmakers extends far beyond undermining the rights of LGBTQ people, of course. Pelosi noted that, “you have to remember, with all of these things, whether we’re talking about women’s right to choose – we’ve always expanded freedoms. And now with this Supreme Court, they’re narrowing freedoms with women’s right to choose” by the revocation of constitutional protections for abortion via last year’s ruling in Dobbs v. Jackson Women’s Health Organization. 

Breaking the ‘marble ceiling’

Rep. Nancy Pelosi is presented with a rainbow-jeweled gavel at an LGBTQ staffer event on Capitol Hill in 2012. (Washington Blade photo by Michael Key)

During a lecture last year hosted at the University of California, Berkeley, Barbara Boxer, who formerly represented California in the House and then in the Senate, commented on the historic significance of Pelosi’s election to become the first woman Speaker of the House of Representatives in 2006. “The fact that a woman could get into the leadership like this, to win the trust of all these men, it’s more extraordinary than you can imagine,” Boxer said. 

Boxer has also been a trailblazer for women in politics. She was the first woman to chair the Marin County Board of Supervisors, and after her election to serve in the upper chamber alongside California’s senior Sen. Dianne Feinstein, the two became the first pair of women to represent any state in the U.S. Senate.

Asked how she managed to secure the votes from, particularly, the older men in her caucus without compromising her values, Pelosi told the Blade, “I just did what I believed” rather than coming to Congress to “change other people’s behavior.” 

She said that many of her male colleagues “had to get over their own negative attitudes” concerning the prospect of electing a woman to lead their party in the House, but “I wasn’t going to wait until then.”

At the same time, Pelosi acknowledged that “it took courage to vote for a woman as speaker,” noting that when she was sworn in back in 2007, she took the opportunity to thank the men who had supported her speakership. (She was elected unanimously on the first ballot.)

Pelosi said that prior to her speakership, she had always believed that the prospect of Americans electing a woman president was likelier to happen in her lifetime than members of Congress – who tend to be older men – voting for a woman speaker.

“I thought the American people were more ready than the Congress” to break the “marble ceiling,” she said. 

Considering the parallel special counsel investigations into alleged mishandling of classified documents by President Joe Biden and former President Donald Trump, Pelosi has perhaps unwittingly strengthened the case for America to elect a woman president by virtue of her unblemished record as a steward of sensitive, top-secret information. 

“I have 30 years of experience in intelligence. I have been on the [House Intelligence] Committee, the top Democrat on the Committee, ex officio on the Committee, a speaker and [Democratic] leader [in the House],” Pelosi said. 

She distinguished the rules by which she and other members of Congress are governed, which prohibit the removal or relocation of classified documents, from the policies that the Commander in Chief must follow, which are comparably more permissive. 

Regardless, Pelosi said, “the documents are to be respected,” along with the rules and procedures for how they should be handled. 

There are also important distinctions to note between the allegations against Trump and Biden, Pelosi said. “When you see the former president obstructing access to the documents, and you see this president saying, ‘I’ve instructed my lawyers to look for whatever is there and make them available to the Justice Department,’ that’s two different things,” she said. 

Additionally, Pelosi said, from the information that has been made available so far, it seems that Trump was in possession of a greater volume of documents whose contents were more sensitive than those at issue in Biden’s case. 

Pelosi’s LGBTQ fans celebrate her accomplishments 

Rep. Nancy Pelosi hugs activist Mike Almy at the certification of ‘Don’t Ask, Don’t Tell’ repeal in the U.S. House on Dec. 21, 2010. (Washington Blade photo by Michael Key)

In November, the Human Rights Campaign, America’s largest LGBTQ advocacy organization, issued a statement following Pelosi’s announcement of her plans to step down from Democratic leadership but continue to represent her constituents in California’s 11th Congressional District in the House. 

“Speaker Pelosi has been the tip of the spear on watershed advancements for the LGBTQ+ community,” HRC President Kelley Robinson said in a statement, pointing to her 1987 speech on the AIDS crisis and “forceful advocacy for marriage equality long before its mainstream popularity,” both before she was elected as speaker. 

The Clinton-era Defense of Marriage Act, which banned federal recognition of same-sex marriages, was signed into law in 1996 with overwhelming support from both parties in both chambers of Congress; 342 members of the House voted for the proposal, with Pelosi joining only 64 other House Democrats, one independent, and one Republican in her opposition. 

“During [Pelosi’s] tenure as Speaker,” HRC noted, “the House of Representatives passed an historic hate crimes law [the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act], repealed the discriminatory ‘Don’t Ask, Don’t Tell’ law, led the fight to enact the Affordable Care Act, and vocally opposed bans on transgender members serving in our nation’s military.” 

Pelosi’s leadership was bookended with Congress’s passage late last year of the Respect for Marriage Act, which is credited as the greatest legislative victory for LGBTQ Americans since the 2010 repeal of “Don’t Ask, Don’t Tell.”  

Speaker of the House Nancy Pelosi stands with Rep. Jerrold Nadler (D-N.Y.) at the enrollment for the Respect for Marriage Act in the U.S. House on Dec. 8, 2022. (Photo courtesy of the Office of Nancy Pelosi)

Outside the U.S. Capitol building, Pelosi has also been celebrated by the LGBTQ community for signaling her support through, for example, her participation in some of the earliest meetings of the NAMES Project AIDS Memorial Quilt, her meeting with the survivors of the 2016 Pulse nightclub massacre, and her appearance at a host of LGBTQ events over the years.  

Of course, at the same time, Pelosi has been a constant target of attacks from the right, which in the past few years have become increasingly violent. During the siege of the Capitol on Jan. 6, 2021, her office was ransacked by insurrectionists who shouted violent threats against her. A couple of weeks later, unearthed social media posts by far-right Rep. Marjorie Taylor Greene (Ga.) revealed she had signaled support for executing Pelosi along with other prominent House Democrats. And last October, the speaker’s husband Paul Pelosi suffered critical injuries after he was attacked by a man wielding a hammer who had broken into the couple’s San Francisco home. 

Pelosi told CNN last week that her husband is “doing OK,” but expects it will “take a little while for him to be back to normal.”

Among her fans in progressive circles, Pelosi – who has been a towering figure in American politics since the Bush administration – has become something of a cultural icon, as well. For instance, the image of her clapping after Trump’s State of the Union speech in 2019 has been emblazoned on coffee mugs.

“What is so funny about it,” Pelosi said, is rather than “that work [over] all these years as a legislator,” on matters including the “Affordable Care Act, millions of people getting health care, what we did over the years with HIV/AIDS in terms of legislation, this or that,” people instead have made much ado over her manner of clapping after Trump’s speech. And while the move was widely seen as antagonistic, Pelosi insisted, “it was not intended to be a negative thing.” 

Regardless, she said, “it’s nice to have some fun about it, because you’re putting up with the criticism all the time – on issues, whether it’s about LGBTQ, or being a woman, or being from San Francisco, or whatever it is.” 

Rep. Nancy Pelosi talks with Blade reporter Christopher Kane on Tuesday, Jan. 24. (Photo courtesy of the Office of Nancy Pelosi)
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Pelosi on Santos: ‘He’s outrageous, there’s no way he should be allowed to serve’

Former Speaker reflects on her legacy in exclusive Blade interview

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Rep. Nancy Pelosi talked to the Blade on Tuesday. (Photo courtesy of the Office of Nancy Pelosi)

Former House Speaker Nancy Pelosi sat down with the Washington Blade for an exclusive interview in her office on Tuesday evening, reflecting on her long career in Congress and decades of LGBTQ advocacy and HIV/AIDS work. 

The full interview will be published Wednesday afternoon. 

During the interview, Pelosi weighed in on several current controversies, including the scandals involving gay Rep. George Santos and his myriad lies. 

Santos is “almost a joke; he’s become a punch line,” Pelosi said. “He’s outrageous, and there’s no way he should be allowed to serve” given the extent to which the congressman has failed to exhibit the “dignity” required of members who are privileged to serve in the House of Representatives.

At the same time, “there are people over there who are more seriously dangerous to the freedoms in our country than him,” Pelosi added. She pointed to the hate mongering and fear mongering in which many of Santos’s Republican colleagues have engaged, including “the things that that they say about trans families and, just, the injustice of it all.” 

Check back Wednesday afternoon for the full Pelosi interview.

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