Local
DOMA ruling to have ‘huge’ impact on D.C. region
Attorneys tell same-sex couples: Talk to your employer about benefits
‘The state’s hands are tied until we change the constitution,’ said Virginia Sen. Adam Ebbin (D-Alexandria) of efforts to extend marriage rights to couples in the commonwealth, following a momentous ruling by the U.S. Supreme Court striking down DOMA. (Washington Blade file photo by Michael K. Lavers)
The large number of federal government employees in the D.C. metropolitan area will ensure that many same-sex married couples living in the region, including those living in Virginia, will soon receive full federal benefits and rights that come with marriage in the wake of the Supreme Court’s decision last week to overturn the Defense of Marriage Act.
According to local attorneys familiar with family law, the Obama administration has taken immediate steps to direct the U.S. Office of Personnel Management to provide all federal marriage benefits to government workers and their same-sex spouses.
“Certainly for federal civil servants there will be a clear effort from the administration to allow people who marry anywhere to take advantage of their federal civil service benefits regardless of where they currently live,” said Takoma Park, Md., attorney Susan Silber, whose law firm has represented lesbian and gay couples on matters pertaining to family law.
“So that’s huge for our metropolitan area,” she said. “And it will be huge for people who live in places like Virginia and West Virginia and Pennsylvania” where many federal workers live.
Silber and local attorney Michelle Zavos, who, like Silber, represents LGBT clients in the D.C. metro area, said following the DOMA decision, same-sex couples can expect support in their quest to obtain both state and federal marriage benefits from state officials in D.C., Maryland and Delaware, where same-sex marriage is legal.
But the two attorneys said most of those benefits won’t come automatically and same-sex married couples in the three jurisdictions must come forward to apply for the benefits.
“This is something they have to do proactively,” Zavos told the Blade. “And what I would say is federal workers, especially, need to contact their Human Resources Department immediately to find out what they need to do. They cannot sit on this.”
Zavos noted that similar to any married employee, both federal and private sector employees need to inform their employer through the personnel or human resources department that they are married and will qualify for benefits such as health insurance for their spouse.
In the case of the federal government, enrollment in such benefits often becomes available only during an “open enrollment” period once a year. However, OPM officials have said the federal personnel agency was expected to schedule another open enrollment period in the coming weeks in light of the Supreme Court’s decision overturning DOMA.
Silber, Zavos and other attorneys familiar with Virginia said they were watching closely as Obama administration officials assess ways to extend federal marriage benefits to same-sex couples who legally marry in a state that recognizes same-sex marriage but live in states that do not recognize such marriages.
In the week since the Supreme Court ruling on DOMA, legal experts have said some federal benefits linked to marriage, such as Social Security survivor benefits, are tied to the state where a couple lives rather than the state where the couple married.
Claire Gastanaga, an attorney who serves as general legislative counsel for the statewide LGBT group Equality Virginia, said the question of whether a federal marriage benefit is available to same-sex married couples living in Virginia must be decided by the federal government, not by Virginia state officials.
“It’s really a question of how they choose to interpret the federal law,” Gastanaga said. “There are a thousand different federal laws. Some of them refer to the place of celebration [of the marriage] and some refer to the domicile of the couple,” she said.
“Some of those requirements are statutory, some are regulatory and some are policy,” she added. “So there’s lots to be ironed out at the federal level before we know the answer to that question.”
Adam Ebbin, the gay Virginia state senator representing a district in the Alexandria area, said that while Virginia’s current governor and attorney general are unsympathetic to LGBT issues and oppose marriage equality, any state elected official would be restricted in taking steps to extend benefits to married same-sex couples under an anti-gay marriage amendment passed by voters in 2006, despite the DOMA decision.
“The Virginia marriage amendment, which is part of our state constitution, says the state can’t recognize or grant benefits of marriage for same-sex couples,” Ebbin said. “So the state’s hands are tied until we change the constitution.”
Ebbin said the momentum in support of marriage equality generated by the Supreme Court decision overturning DOMA would have a “major” impact on efforts in Virginia to repeal the same-sex marriage ban.
Virginia
Va. LG opposed marriage equality affirmation bill in handwritten note
Winsome Earle-Sears constitutionally required to sign HB 174 as Senate president
Virginia Lt. Gov. Winsome Earle-Sears last year in a handwritten note indicated her opposition to marriage rights for same-sex couples when she signed a bill that affirmed marriage equality in the state.
Brandon Jarvis of Virginia Scope on May 1 published Earle-Sears’s note on House Bill 174, which state Del. Rozia Henson, a Prince William County Democrat who is gay, introduced.
The Virginia Senate passed HB 174 by a 22-17 vote margin, and the state constitution required Earle-Sears to sign it as the chamber’s president. Republican Gov. Glenn Youngkin signed the measure into law after it received bipartisan support.
“As the lieutenant governor, I recognize and respect my constitutional obligation to adhere to procedures set out in the constitution of Virginia,” wrote Earle-Sears in her note. “However, I remain morally opposed to the content of HB 174 as passed by the General Assembly.”
Earle-Sears, a former U.S. Marine who served in the Virginia House of Delegates from 2002-2004, in 2021 became the first woman elected Virginia’s lieutenant governor. Activists have criticized her for her opposition to LGBTQ rights in Virginia.
She sparked controversy last year when she misgendered state Sen. Danica Roem (D-Manassas), who is transgender, on the Senate floor. Earle-Sears has also spoken at the Conservative Political Action Conference.
Earle-Sears is running to succeed Youngkin as governor once his term ends in January 2026. She will likely face former U.S. Rep. Abigail Spanberger, a Democrat who previously represented Virginia’s 7th Congressional District.
John Reid, a conservative talk show host who is openly gay, last month secured the Republican nomination to succeed Earle-Sears as lieutenant governor. Youngkin has called for Reid to end his campaign amid reports that he posted “pornographic content” on social media.
Reid has strongly denied the reports.
World Pride 2025
D.C. liquor board extends drinking hours for WorldPride
Gay bars, other liquor-serving establishments can stay open 24 hours
D.C.’s Alcoholic Beverage and Cannabis Board, which regulates liquor sales for the city’s bars, restaurants, nightclubs, and other establishments licensed to serve alcoholic beverages, has approved extended hours for alcohol service and sales during the days when most WorldPride events will be held in the nation’s capital.
In a May 2 announcement, the Alcoholic Beverage and Cannabis Administration, which works with the board, said the extended liquor serving and sales hours for WorldPride will take place beginning Friday, May 30, through 4 a.m. Monday, June 9.
Although the official schedule for WorldPride events shows the events will take place May 17-June 8, most of the large events, including a two-day Pride street festival, parade, and concert, were expected to take place between May 30 and June 8.
According to the ABCA announcement and an ABCA spokesperson, liquor servicing establishments with the appropriate license can stay open for 24 hours and serve alcoholic beverages from 6 a.m. through the day and evening until 4 a.m., with no liquor sales allowed from 4 a.m. to 6 a.m. during the May 30-June 9 period.
The ABCA announcement says liquor serving establishments must apply for the extended hours option and pay a $100 registration fee by a deadline on May 27.
Sources familiar with the liquor board have said the board has for many years approved the extension of liquor serving and sales hours for important events and for certain holidays such as New Year’s Eve.
At the time it approved the extended hours for WorldPride the liquor board also approved extended hours during the time when games for a World Cup soccer tournament will be held in the city on June 18, June 22, and June 26.
It couldn’t immediately be determined how many of D.C.’s 22 LGBTQ bars plan to apply for the extended drinking hours. David Perruzza, owner of the Adams Morgan gay bar Pitchers and its adjoining lesbian bar A League of Her Own, said he will apply for the 4 a.m. extended hours option but he does not intend to keep the two bars open for the full 23 hours.
Under the city’s current alcoholic beverage regulations, licensed liquor serving establishments may serve alcoholic beverages until 2 a.m. on weekdays and 3 a.m. on weekends.
World Pride 2025
Episcopal bishop to speak at WorldPride human rights conference
Trump demanded apology from Mariann Edgar Budde over post-Inauguration sermon
The Right Rev. Mariann Edgar Budde is among those who are scheduled to speak at the WorldPride 2025 Human Rights Conference that will take place from June 4-6.
Budde, who is the bishop of the Diocese of Washington, in January urged President Donald Trump “to have mercy” on LGBTQ people, immigrants, and others “who are scared right now” during a post-Inauguration service that he and Vice President JD Vance attended at the Washington National Cathedral. Trump criticized Budde’s comments and demanded an apology.
The Right Rev. Mariann Edgar Budde speaks at the Washington National Cathedral on Jan. 21, 2025. (PBS NewsHour clip)
A press release the Washington Blade received notes Icelandic Industries Minister Hanna Katrín Friðriksson, UK Black Pride founder Phyll Opoku-Gyimah, and Bob the Drag Queen are among those who are also expected to participate in the conference.
The conference will take place at the JW Marriott (1331 Pennsylvania Ave., N.W.) and registration is open here.
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