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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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White House mum on whether Biden raised LGBTQ rights with Putin

Geneva summit took place amid ongoing Chechnya crackdown

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President Biden on June 16, 2021, met with Russian President Vladimir Putin in Geneva.

The White House on Wednesday did not say whether President Biden raised Russia’s LGBTQ rights record during his summit with Russian President Vladimir Putin.

“I told President Putin my agenda is not against Russia or anyone else; it’s for the American people: fighting COVID-19; rebuilding our economy; reestablishing our relationships around the world with our allies and friends; and protecting our people,” Biden told reporters during a press conference that took place after the summit, which took place in Geneva, ended. “That’s my responsibility as president. 
 
“I also told him that no president of the United States could keep faith with the American people if they did not speak out to defend our democratic values, to stand up for the universal rights and fundamental freedoms that all men and women have, in our view,” added Biden. “That’s just part of the DNA of our country.” 

Biden said he told Putin that “human rights is going to always be on the table, I told him.” 

“It’s not about just going after Russia when they violate human rights; it’s about who we are,” said Biden. “How could I be the president of the United States of America and not speak out against the violation of human rights?”

Biden also told reporters the U.S. will continue to “raise our concerns about cases like Alexey Navalny,” a Russian opposition leader who remains in jail.

Navalny last August spent weeks in a coma after he was poisoned with Novichok in the Siberian city of Tomsk. Navalny underwent treatment in Germany before he returned to Russia in January.   

“I made it clear to President Putin that we’ll continue to raise issues of fundamental human rights because that’s what we are, that’s who we are,” Biden told the reporters. “The idea is: ‘We hold these truths self-evident that all men and women … ‘ We haven’t lived up to it completely, but we’ve always widened the arc of commitment and included more and more people.”

Putin in 2013 sparked global outrage when he signed a law that bans the promotion of so-called gay propaganda to minors. Putin in April signed a series of constitutional amendments that, among other things, formally defines marriage as between a man and a woman in Russia.

Chechen President Ramzan Kadyrov, who is a close Putin ally, and the Kremlin continue to downplay the anti-LGBTQ crackdown in Chechnya.

The State Department in February expressed concern over the fate of two Chechen brothers who were arrested in Russia and returned to their homeland, even though they had fled its anti-LGBTQ crackdown.

The Russian LGBT Network, a Russian LGBTQ rights group, said authorities in Dagestan, a semi-autonomous Russian republic that borders Chechnya, on June 10 kidnapped a bisexual woman who had sought refuge at a shelter for domestic violence survivors. Reports indicate Chechen police officers forced her into a vehicle and drove her back to Chechnya.

The National Security Council before the summit did not respond to the Washington Blade’s request for comment about whether Biden planned to raise Russia’s LGBTQ rights record with Putin. A State Department spokesperson referred the Blade to the White House for comment.

Chris Johnson contributed to this article.

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Lesbian, trans Defense nominees sail through confirmation hearings

Biden picks exemplify change after LGBTQ bans lifted

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Two nominees, one lesbian and one transgender, sailed though a breezy confirmation hearing on Wednesday for high-ranking positions at the Defense Department.

Among the five nominees questioned before the Senate Armed Services Committee were Shawn Skelly, who’s transgender and nominated to become assistant secretary of defense for readiness, and Gina Ortiz Jones, who’s a lesbian and nominated to become under secretary of the Air Force.

The LGBTQ nominees for the high-ranking posts stand out in the wake of the Biden administration enacting to reverse the transgender military ban enacted under President Trump, as well as the coming anniversary of the lifting of “Don’t Ask, Don’t Tell.”

Both Jones, a former Air Force pilot, and Skelly, a 20-year veteran of the U.S. Navy, served in the U.S. military at times when they would have been discharged due to their sexual orientation or gender identity.

Jones made a reference to serving under “Don’t Ask, Don’t Tell” as part of her opening statement for the confirmation hearing.

“My experience in the Air Force was hindered by the ‘Don’t Ask, Don’t Tell’ policy, yet I to remain undeterred because of my desire to serve our country,” Jones said. “That experience cemented my resolve to ensure anyone ready and able to serve can do so to their full potential and accordingly our country’s fullest potential.”

Annise Parker, CEO of LGBTQ Victory Institute, said in a statement the nominations of the LGBTQ individuals to high-ranking Defense roles is significant.
 
“These two trailblazing nominees demonstrated their deep military expertise and qualifications before the committee and we know their experiences as LGBTQ people will shape their leadership in these critical positions,” Parker said. “Their performance was a powerful testament to the progress our military and nation has made – just one decade after the repeal of ‘Don’t Ask, Don’t Tell’ – and is an important moment for LGBTQ service members who served or continue to serve in silence. Their confirmation will transform perceptions of LGBTQ people within the ranks of the U.S. military, but also among the leaders of militaries we work with around the world.”

No member of the committee objected to — or even pointed out — the sexual orientation or gender identity of the nominees. In fact, Sen. James Inhofe (R-Okla.), who had openly called for codifying the transgender military ban into law as opposed to reversing it, notably recognized Skelly’s gender identity by referring to her as “Ms. Skelly” when addressing her.

Questions, instead, comprised issues related to the U.S. military, including rooting out “extremism” in the military, competition with China, access to care at medical facilities and the U.S. military being the biggest single consumer of fossil fuels.

Skelly, in her opening statement, said she was “simultaneously humbled and inspired” over being nominated for the role as assistant secretary of defense for readiness, which includes being responsible for recruitment, career development, pay and benefits, and oversight of the state of military readiness.

“As a retired Naval flight officer, the importance of the department safety and professional military education programs, and the manner in which they support the readiness of the total force are deeply ingrained in me, and if confirmed, I will ensure they receive the priority and focus they deserve,” Skelly said.

Jones and Skelly are two of three pending LGBTQ nominees for high-ranking Defense positions. The other is Brenda “Sue” Fulton, a lesbian who had advocated for “Don’t Ask, Don’t Tell” repeal and was nominated to become assistant secretary of defense for manpower and readiness.

It wasn’t immediately clear why Fulton wasn’t among the nominees questioned on Wednesday even though she was nominated at the same time. The Senate Armed Services Committee didn’t respond Wednesday to the Washington Blade’s request for comment.

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House Republicans block LGBTQ small business credit measure

‘No attack is too low’

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New York Representative Ritchie Torres (Photo Credit: Office of NY Rep. Ritchie Torres)

WASHINGTON – A measure introduced by freshmen New York Representative Ritchie Torres (D15-Bronx) that would ensure that financial institutions are providing LGBTQ-owned small businesses equal access to credit was blocked by the Republican caucus this week.

TorresLGBTQ Business Equal Credit Enforcement and Investment Act, HR 1443, requiring financial institutions to collect data on credit applications by LGBTQ-owned businesses, was stopped from passing in a 248-177 vote Tuesday. The measure required a 2/3rds vote (284) to pass.

House Speaker Nancy Pelosi in a statement after the vote noted, “House Republicans are using Pride Month to attack LGBTQ-owned small businesses. […] Passing this uncontroversial bill to help small businesses stay afloat during a pandemic should be a no-brainer.”

“Sadly, no attack is too low for this House Republican Conference, not even attacking LGBTQ-owned small businesses during Pride Month,” Pelosi added.

The openly gay Ritchie tweeted, “The Republicans in the House voted down my legislation, HR 1443, which would protect LGBTQ-owned businesses from discrimination. A slap in the face to the LGBTQ community right in the heart of Pride Month.”

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