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Boxer seeks full extension of Social Security benefits

Survivor benefits in question even with court ruling against DOMA

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Sen. Barbara Boxer (D-Calif.) is calling on Social Security to implement fully benefits for married gay couples (Blade file photo by Michael Key).

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

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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Congress

10 HIV/AIDS activists arrested on Capitol Hill

Protesters interrupted Secretary of State Marco Rubio during hearing

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(Washington Blade photo by Michael Key)

U.S. Capitol Police on Tuesday arrested 10 HIV/AIDS activists who protested Secretary of State Marco Rubio during a Senate Foreign Relations Committee hearing.

The activists from Housing Works, Health GAP, the Treatment Action Group, and ACT UP held signs and chanted “Rubio’s Cuts Kill People with AIDS, PEPFAR Saves Lives!” before officers removed them from Dirksen Senate Office Building room where the hearing took place.

A media advisory the Washington Blade received before the protest noted “mounting evidence of Rubio’s attempts to sabotage PEPFAR (the President’s Emergency Plan for AIDS Relief, U.S. bilateral AIDS program) and vital global health programs.” The press release specifically highlighted three specific points:

• Eliminating Centers for Disease Control’s (CDC) lifesaving PEPFAR programs, which currently support approximately 12 million people on HIV treatment across 51 countries. Instead, Rubio intends to dismantle CDC’s current PEPFAR role and stamp out their global footprint in disease outbreak and surveillance for pandemics beyond HIV. Experts including eight former CDC Directors under Republican and Democratic administrations have spoken out against this effort to dismantle PEPFAR. Recent PEPFAR data showed sharp decreases in the numbers of people newly tested, diagnosed, and treated for HIV, but these data would have been even worse if not for CDC’s PEPFAR programs.

• Withholding $2 billion in Congressionally appropriated FY25 funding, including $330 million to combat HIV, $250 million to fight malaria, $320 million for maternal and child health programs, and nearly $650 million in global health security programs.

• Negotiating secret bilateral deals blackmailing African governments by demanding access to critical mineral wealth as a condition of access to HIV treatment and prevention funding.

The groups have staged several protests against the Trump-Vance administration’s HIV/AIDS policies since it took office.

Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates.

The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought a few weeks later said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.

The White House in January expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. Advocacy groups insist the expanded rule will adversely impact HIV prevention efforts around the world.

“Congress must stop Secretary Rubio before he dismantles PEPFAR,” said Treatment Action Group’s Kendall Martinez-Wright. “Rubio continues to defy the will of Congress and the American people who want this program restored and repaired. Under his leadership he is diverting funding and trying to eliminate the essential role of technical experts in global HIV and global health, while program performance is flailing.”

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2026 Midterm Elections

Ken Paxton wins Texas Republican primary runoff

LGBTQ rights opponent will face Democrat James Talarico in November

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Ken Paxton, gay news, Washington Blade
Texas Attorney General Ken Paxton speaking in 2017. (Washington Blade photo by Michael Key)

Attorney General Ken Paxton won the Republican Senate primary in Texas on Tuesday, ousting incumbent U.S. Sen. John Cornyn.

Paxton won the primary against the four-term incumbent in large part due to President Donald Trump’s endorsement. Despite Cornyn voting with Trump more than 90 percent of the time, political insiders say being supportive isn’t enough to win Trump’s endorsement anymore — Republican candidates need to embrace the full MAGA image, something Paxton has done.

Paxton has served as Texas attorney general since 2015 and, before that, worked as a Texas state representative. He has approached both roles with what LGBTQ activists call a “consistently Anti-LGBTQ+ Record.” Following the landmark U.S. Supreme Court decision in Obergefell v. Hodges — the case that made same-sex marriage the law of the land — Paxton advised Texas county clerks they could refuse marriage licenses to same-sex couples on religious grounds.

His anti-LGBTQ crusade doesn’t stop at fighting against marriage equality.

Paxton has repeatedly demanded medical records for transgender youth in multiple states — including Texas, Georgia, and Washington — in hopes of making the practice illegal. His anti-trans actions go far past medical records. Paxton issued an opinion barring trans Texans from changing the sex on their driver’s licenses and birth certificates, claiming any changes made were “unlawfully altered,” and helped the DOJ reach an agreement with a Texas’s children’s hospital for providing minors gender-affirming care, eventually leading to a 10 million dollar settlement. He also authored a non-legally binding opinion equating gender-affirming healthcare for youth to child abuse.

In addition to his long history of anti-LGBTQ policy in the Lone Star State, Paxton is no stranger to controversy.

Multiple impeachment efforts brought against him in the state House of Representatives for “abuse of office” — with the state Senate later acquitting him — allegations that he used his office to assist large campaign donors, namely Nate Paul, and a widely publicized separation from his wife, state Sen. Angela Paxton, all impacted his run for the U.S. Senate seat — but not enough to keep him from the office.

Lynne Bowman, vice president of campaigns at the Human Rights Campaign, issued a statement following the announcement of Paxton’s primary win.

“Texans have a clear choice this fall, and an opportunity to reject failed policies that hurt all families,” Bowman sent to the Blade via email. “Ken Paxton is so out of step that he has fought to undercut marriage equality and spent time demanding personal medical records for young people who do not even live in Texas, all while becoming the most corrupt politician in America. The more than 2 million Equality Voters in Texas will send him packing.”

Paxton will face off against Democratic hopeful and vocal Trump critic James Talarico in the fall.

Talarico, who won the Democratic primary in April against Congresswoman Jasmine Crockett, has been a vocal supporter of LGBTQ rights, citing his ministry work as the source of his support for the community.

The race for Texas’s Senate seat will be decided on Nov. 3.

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