Politics
Boxer seeks full extension of Social Security benefits
Survivor benefits in question even with court ruling against DOMA
Sen. Barbara Boxer (D-Calif.) is calling on Social Security to implement full benefits for married gay couples. (Blade file photo by Michael Key).
Sen. Barbara Boxer (D-Calif.) is calling on the Social Security Administration to provide survivor benefits for married same-sex couples wherever they move in the country in the wake of the Supreme Court’s decision striking down the Defense of Marriage Act.
In a letter dated July 1, Boxer asks Social Security Administration Acting Commissioner Carolyn Colvin to use “administrative authorities” to extend benefits to the fullest extent possible following the Supreme Court decision striking down Section 3 of DOMA.
“All federal agencies should endeavor to provide swift and equal access to programs and benefits for all same-sex couples, regardless of their state of residence, using existing administrative authorities,” Boxer said.
Social Security survivor benefits are among the benefits that are in question for legally married same-sex couples post-DOMA. Social Security law looks to the state where a couple lives, not where a couple is married. That means a gay couple that marries in New York but moves to Florida may not be eligible if they apply for those benefits there.
In the event that the Social Security Administration believes it can’t offer those benefits administratively, Boxer asks the agency to notify Congress so lawmakers can advance a legislative solution to the issue.
Boxer, one of 14 U.S. senators who voted against DOMA in 1996, said she’s spoken with same-sex couples and heard about the harm caused by withholding Social Security survivor benefits.
“I have met so many surviving spouses and family members of same-sex relationships who struggle needlessly after the passing of their family members,” Boxer writes. “Access to Social Security benefits can often times mean the difference between keeping your home and losing it, or feeding your children and watching them go hungry.”
In her letter, Boxer says she understands the Social Security Administration has already taken some action. The senator says she learned the agency “took immediate steps” to prepare for changes and issued “emergency instructions” to field offices directing them to accept applications from gay couples and hold them until further guidance.
Like Boxer, LGBT advocates have been calling on the Obama administration to interpret the ruling against DOMA broadly so married gay couples will have federal benefits no matter where they move in the country.
During his trip to Africa, President Obama seemed sympathetic to calls when responding to a question about DOMA implementation during a news conference.
“It’s my personal belief — but I’m speaking now as a president as opposed to as a lawyer — that if you’ve been married in Massachusetts and you move someplace else, you’re still married, and that under federal law you should be able to obtain the benefits of any lawfully married couple,” Obama said. “But I’m speaking as a president, not a lawyer.”
After the DOMA ruling, Obama said he directed U.S. Attorney Eric Holder to work with Cabinet officials to prepare for implementing benefits for same-sex couples. Changes are expected to be made on a rolling basis as quickly as practicable.
Mark Hinkle, a Social Security spokesperson, noted the process Obama has set up in response to the Boxer letter.
“The president has directed the Attorney General to work with other members of his Cabinet to review all relevant federal statutes to ensure this decision, and its implications for federal benefits and obligations – including benefits administered by this agency – is implemented swiftly and smoothly,” Hinkle said. “We look forward to working with the Department of Justice to do so.”
Hinkle added the Social Security Administration will respond directly to Boxer with regard to the letter.
In the event that some benefits still aren’t available even in the aftermath of the court ruling, one legislative solution that is available is the Respect for Marriage Act, which was introduced last week by Rep. Jerrold Nadler (D-N.Y.) and Sen. Dianne Feinstein (D-Calif.). The “certainty provision” in the bill would ensure federal benefits continue to flow to married same-sex couples wherever they live in the United States.
The full letter from Boxer follows:
July 1, 2013
The Honorable Carolyn W. Colvin
Acting Commissioner
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Dear Acting Commissioner Colvin:
Until the Supreme Court struck down Section 3 of the Defense of Marriage Act in last week’s historic United States v. Windsor ruling, federal law prevented the recognition of same-sex marriages for purposes of Social Security family and spousal benefits, resulting in the exclusion of millions of Americans from the same critical safety net programs that are made available to the families of heterosexual couples.
I have met so many surviving spouses and family members of same-sex relationships who struggle needlessly after the passing of their family members. Access to Social Security benefits can often times mean the difference between keeping your home and losing it, or feeding your children and watching them go hungry. Surviving spouses and children of same-sex marriages lose thousands of dollars in earned Social Security benefits every year because of the discriminatory policy mandated by the Defense of Marriage Act.
After last week’s Supreme Court ruling, I was pleased to learn that the Social Security Administration (SSA) took immediate steps to prepare for the changes that will be necessary to extend full federal benefits to all same-sex couples and their families. The SSA should be applauded for issuing emergency instructions to all field offices directing them to accept applications from same-sex couples and hold them until specific instructions on how the Court’s decision will be implemented are determined.
I was also encouraged by President Obama’s comments indicating that he believes all legally-married same-sex couples should have access to the same benefits, regardless of where they chose to live.
All federal agencies should endeavor to provide swift and equal access to programs and benefits for all same-sex couples, regardless of their state of residence, using existing administrative authorities. In instances where remedies are not available through executive action and will instead require specific changes to existing law, I urge you to notify Congress immediately so that the legislative process to address these issues can begin.
While I understand the SSA’s review of its legal authorities regarding same-sex couples must be comprehensive and thorough, I encourage you to work as expeditiously as possible for the millions of Americans who await your decisions.
Sincerely,
Barbara Boxer
United States Senator
Congress
House passes reconciliation with gender-affirming care funding ban
‘Big Beautiful Bill’ now heads to the Senate
The Republican-led U.S. House of Representatives on Thursday voted 215-214 for passage of the “One Big Beautiful Bill Act” reconciliation package, which includes provisions that would prohibit the use of federal funds to support gender-affirming care.
But for an 11th hour revision of the bill late Wednesday night by conservative lawmakers, Medicaid and CHIP would have been restricted only from covering treatments and interventions administered to patients younger than 18.
The legislation would also drop requirements that some health insurers must cover gender-affirming care as an “essential health benefit” and force states that currently mandate such coverage to find it independently. Plans could still offer coverage for transgender care but without the EHB classification patients will likely pay higher out of pocket costs.
To offset the cost of extending tax cuts from 2017 that disproportionately benefited the wealthiest Americans, the reconciliation bill contains significant cuts to spending for federal programs like Medicaid and the Supplemental Nutrition Assistance Program.
The Human Rights Campaign criticized House Republicans in a press release and statement by the group’s president, Kelley Robinson:
“People in this country want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers voted to give handouts to billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.
“If the cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics weren’t devastating enough, House Republicans added a last minute provision that expands its attacks on access to best practice health care to transgender adults.
“This cruel addition shows their priorities have never been about lowering costs or expanding health care access–but in targeting people simply for who they are. These lawmakers have abandoned their constituents, and as they head back to their districts, know this: they will hear from us.”
Senate Republicans are expected to pass the bill with the budget reconciliation process, which would allow them to bypass the filibuster and clear the spending package with a simple majority vote.
Changes are expected as the bill will be reviewed and amended by committees, particularly the Finance Committee, and then brought to the floor for debate — though modifications are expected to focus on Medicaid reductions and debate over state and local tax deductions.
Congress
Gerry Connolly dies at 75 after battle with esophageal cancer
Va. congressman fought for LGBTQ rights
Democratic U.S. Rep. Gerry Connolly of Virginia died on Wednesday, according to a statement from his family.
The 75-year-old lawmaker, who served in Congress since 2009, announced last month that he will not seek reelection and would step down from his role as the top Democrat on the powerful U.S. House Oversight Committee because his esophageal cancer had returned.
“We were fortunate to share Gerry with Northern Virginia for nearly 40 years because that was his joy, his purpose, and his passion,” his family said in their statement. “His absence will leave a hole in our hearts, but we are proud that his life’s work will endure for future generations.”
“He looked out for the disadvantaged and voiceless. He always stood up for what is right and just,” they said.
Connolly was memorialized in statements from colleagues and friends including House Democratic Leader Hakeem Jeffries (N.Y.), Republican House Speaker Mike Johnson (La.), former President Joe Biden, and U.S. Rep. Jamie Raskin (D-Md.).
Several highlighted Connolly’s fierce advocacy on behalf of federal workers, who are well represented in his northern Virginia congressional district.
The congressman also supported LGBTQ rights throughout his life and career.
When running for the Fairfax County Board of Supervisors in 1994, he fought the removal of Washington Blade newspapers from libraries. When running in 2008 for the U.S. house seat vacated by Tom Davis, a Republican, Connolly campaigned against the amendment to Virginia’s constitution banning same-sex marriage and civil unions in the state.
In Congress, he supported the repeal of “Don’t Ask, Don’t Tell,” the U.S. Supreme Court’s ruling on marriage equality, the Biden-Harris administration’s rescission of the anti-trans military ban, and the designation within the State Department of a special LGBTQ rights envoy. The congressman also was an original cosponsor of the Equality Act and co-sponsored legislation to repeal parts of the Defense of Marriage Act.
Congress
Marjorie Taylor Greene’s bill to criminalize gender affirming care advances
Judiciary Committee markup slated for Wednesday morning
U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.
Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.
LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”
Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.
Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”
PHOTOS: Helen Hayes Awards
Laverne Cox, Reneé Rapp, Deacon Maccubbin named WorldPride grand marshals
House passes reconciliation with gender-affirming care funding ban
PHOTOS: D.C. Trans Pride
Men convicted of murdering two men in NYC gay bar drugging scheme sentenced
Looking back at 50 years of Pride in D.C
WorldPride events round-up
Pope Leo XIV: Family based on ‘stable union between a man and a woman’
Wes Moore signs HIV decriminalization bill
