National
Married gay couples reap benefits from DOMA ruling
But some encounter confusion, delays from employers


Mary Glantz and Michelle Schohn of Arlington, Va., at their Provincetown, Mass., wedding in November 2009. (Photo courtesy of Michelle Schohn)
The majority of legally married gay couples with whom the Washington Blade has spoken in recent days said they have had little difficulty receiving benefits for their spouses after the U.S. Supreme Court found a portion of the Defense of Marriage Act (DOMA) unconstitutional.
Michelle Schohn of Arlington, Va., a State Department employee who married her partner of 14 years, Mary Glantz, in Provincetown, Mass., in 2009, told the Blade on Tuesday from Estonia that the agencyās HR personnel recognized the couple as married āwithin hoursā after she faxed them a copy of their marriage license. The couple was also able to update their federal life insurance policy.
Schohn said the USAA also pre-approved her and Glantz for a mortgage to potentially buy a home in Maryland as a married couple.
āItās been amazingly straight-forward and very easy,ā Schohn, who was the president of the Gays and Lesbians in Foreign Affairs Agencies from 2008-2009, said. āThe several people that Iāve worked with so far have been very friendly and accommodating. I havenāt had any kind of pushback from anyone.ā
The Office of Personnel Management on June 28 issued a memorandum that outlined the benefits for which legally married gay and lesbian federal employees and their children or stepchildren are now eligible. These include health, dental, vision, life and long-term insurance, retirement benefits and the ability to submit claims for medical expenses through flexible spending accounts.
Alex Hardin, who works in the State Departmentās Bureau of European Affairs, told the Blade during GLIFAAās monthly happy hour at the Capitol Skyline Hotel in Southwest D.C. on Tuesday that he and his partner, who is from Japan, are planning to get married in the nationās capital later this summer.
The DOMA decision opened the door for legally married gays and lesbians to sponsor their foreign-born partners for immigration purposes.
Secretary of Homeland Security Janet Napolitano on July 1 said her agency will treat marriage-based green card applications from same-sex bi-national couples the same as those submitted by heterosexuals.
Hardinās partner already has a green card, but he told the Blade the Supreme Courtās DOMA ruling eliminates any uncertainty over the status of their relationship once they tie the knot.
āNow we can feel more comfortable knowing that weāre going to be married, weāre going to have the rights and privileges of everybody else,ā Hardin said.
Eleven states and D.C. currently allow same-sex marriage.Ā Gays and lesbians will be able to legally tie the knot in Minnesota and Rhode Island on Aug. 1.
The American Civil Liberties Union on Tuesday filed a lawsuit that challenges Pennsylvania’s statuary ban on nuptials for gays and lesbians. The group also plans to contest constitutional amendments in Virginia and North Carolina that define marriage as between a man and a woman.
The ACLU and the National Center for Lesbian Rights in March petitioned the New Mexico Supreme Court to rule on whether same-sex couples can legally marry in the state. Same-sex marriage lawsuits have also been filed in Michigan and Nevada, while motions have been filed in Illinois and New Jersey that seek expedited rulings in cases that seek nuptials for gays and lesbians in the two states.
The Human Rights Campaign, Freedom to Marry and other groups have also launched campaigns to challenge same-sex marriage bans in Arkansas, Florida, Oregon and other states.
Missy Novak of South Deerfield, Mass., contacted the company for which she and her wife both work after the Supreme Court issued its DOMA decision to see whether they and their daughter are now eligible for a family health insurance plan.
The company issued a memo that said āguidance is anticipatedā from the Internal Revenue Service and the Department of Labor on āhow the ruling affects the laws they enforce.ā
Novak said the company told her on Tuesday that it is still waiting to hear from the two agencies.
āWeāre kind of eager to hear back from our employer on when are you guys going to be changing this,ā she told the Blade.
OPM has said in a series of memos it released after the DOMA ruling that federal gay employees who have entered into civil unions will remain ineligible for most of the benefits that legally married same-sex couples are now able to receive.
GLIFAA President Ken Kero-Mentz said retirement plans are among the issues that still need to be sorted out.
He described the impact of the DOMA decision ā specifically the impact it has had on immigration and insurance benefits for gays and lesbians who were unable to obtain federal health insurance benefits while living overseas with their same-sex spouses ā as āenormous.ā
āDOMA had a particularly hateful effect, especially for us in the foreign service community,ā Kero-Mentz said. āWeāre able to celebrate that much more within our smaller community because these two massive barriers have now been lifted.ā
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.

Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs ā Jill Tran and Peter Poe ā live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an āXā gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order.Ā The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
Federal Government
HHS to retire 988 crisis lifeline for LGBTQ youth
Trevor Project warns the move will ‘put their lives at risk’

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.
Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.
āSuicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.
“Ending the 988 Suicide and Crisis Lifelineās LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens ā it will put their lives at risk,ā they said in a statement. āThese programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nationās young people with strong bipartisan support in Congress and signed into law by President Trump himself.ā
“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.ā
The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.
āI worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,ā said Janson Wu, director of advocacy and government affairs at the Trevor Project. āI worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end ā and that will only deepen their crisis.ā
Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.
The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agencyās chronic disease programs.”
U.S. Supreme Court
Supreme Court hears oral arguments in LGBTQ education case
Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.
The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.
The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.
āLGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. āThey matter so students can see themselves and their families in the books they read ā so they can know theyāre not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”
She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.ā
GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”
Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Womenās Law Center announced their submission of a 31-page amicus brief in a press release on April 11.
āAll students benefit from a school climate that promotes acceptance and respect,ā said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. āEnsuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.ā
The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.
Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.
Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.
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