Local
Blue Cross resolves glitch in enrolling gay spouses
Md. activist’s wife listed as ‘male’ on insurance plan
Maryland activist Lisa Polyak encountered problems adding her wife, Gita Deane, to a Blue Cross insurance policy. (Washington Blade photo by Michael Key)
It’s all been resolved. As of Saturday, July 19, federal employee Lisa Polyak, one of the leading activists pushing for Maryland’s marriage equality law, succeeded in adding her legally married spouse and partner of more than 30 years, Gita Deane, to her employee health insurance policy.
The approval came more than two weeks after Polyak’s request to add Deane to her health plan was denied, with a Blue Cross Blue Shield customer service representative informing her that a computer program used to process such requests would not accept same-sex spouses.
On July 20, Polyak, a civilian staff member with the Department of the Army in Aberdeen, Md., discovered to her delight that the quirky computer glitch that initially required Deane’s gender to be listed as “male” in order for her to be approved for Polyak’s health plan was changed to female.
“We have been overpaying for health insurance for so long – 30 years – that we would not have cared if they listed her as a kangaroo, as long as she was covered,” Polyak quipped to the Blade.
Polyak was referring to the fact that the couple had to pay for duplicate health insurance policies for years before states began legalizing marriage between same-sex couples. Once that happened in Maryland earlier this year she still couldn’t add Deane to her health plan because the Defense of Marriage Act, or DOMA, prohibited the federal government from recognizing same-sex marriages.
That remaining impediment ended on June 26 when the U.S. Supreme Court declared DOMA unconstitutional.
Jena L. Estes, vice president of the Blue Cross Blue Shield Association’s Federal Employee program, said the snafu Polyak encountered represented the rare exception in the health insurance giant’s task of changing its internal procedures to enroll same-sex spouses of federal workers just days after the Supreme Court issued its landmark decision.
“As of today, we process probably about 40 requests a day and those are all being handled very successfully,” Estes said in describing how Blue Cross Blue Shield affiliate companies throughout the country are enrolling same-sex spouses into federal employees’ health insurance plans.
According to Estes, CareFirst, the Blue Cross Blue Shield company providing health insurance in the D.C. metropolitan area, has successfully processed about 100 requests by federal employees like Polyak to add their same-sex spouse to their health plan since July 3.
That’s when the U.S. Office of Personnel Management issued a special guidance directing health insurance companies that provide policies to federal employees to begin enrolling same-sex spouses under the federal health benefits program. The OPM guidance and directive allows federal employees to enroll their same-sex spouses for a 60-day period that ends on Aug. 26.
If they don’t arrange for a same-sex spouse to be enrolled by that date they must wait until Nov. 11, when the annual open enrollment period begins for the federal employee health insurance program. The open enrollment period lasts until Dec. 9.
Estes attributes the problem Polyak experienced to a short period in which some of the Blue Cross Blue Shield companies had yet to fully change their internal systems to adapt to the Supreme Court ruling. She noted that the OPM guidance called for the insurance companies to begin processing same-sex spouse enrollments in the federal employee system beginning July 3, just five business days after the Supreme Court decision.
“So once it came out we put protocols in place immediately and began working diligently to make sure that we could accommodate the requests,” Estes told the Blade in a telephone interview on Monday. “And I believe we’ve done that.”
But in Polyak’s case, those system changes apparently weren’t put in place by the CareFirst operation overseeing federal employee health plans where Polyak worked in Maryland.
“I spoke to Blue Cross Blue Shield reps on July 1, July 8, and July 15 and they told me that they had tried and failed to add Gita as my spouse on my insurance plan,” she told the Blade. “I also tried to add Gita as my spouse on the website. But when I identified Gita as a female…the website rejected my change and would not add her to the list of covered family members.”
Polyak said the Blue Cross Blue Shield customer service representatives were cordial and expressed frustration that they couldn’t immediately override the computer program. She said they couldn’t give her a date when the problem would be resolved.
On July 19, several days after the Blade began making inquiries about Polyak’s case with OPM and Blue Cross Blue Shield, she said a CareFirst official informed her that the computer program had been manually overridden and her request to include Deane on her policy was approved retroactively as of June 26. However, for the time being, Polyak said, the official told her Deane would have to be listed as a male.
That troubled Polyak because another company representative had told her that a medical claim filed by Deane’s doctor would be rejected if the claim identified her as female while the insurance policy listed her as male.
However, that problem was somehow resolved overnight, Polyak said. When she checked her insurance policy online on Saturday, July 20, Deane’s gender had been changed to female.
“That shows how quickly we respond,” Estes told the Blade. “But you know, we really have had maybe 15 days since OPM issued its guidance and a couple of those days were federal holidays. So we’ve been working really diligently and I’m really happy it happened in less than 24 hours,” she said in referring to Polyak’s case.
John O’Brien, Director of Healthcare and Insurance for OPM, said OPM has been working with health insurance companies to make sure same-sex couples obtain the benefits to which they are now entitled.
“If a carrier is having problems — computer or otherwise — with updating a federal employee’s enrollment status, the carrier has the responsibility to correct the issues immediately,” O’Brien told the Blade in an email. “In addition, both the carriers and enrollees should contact OPM if problems persist.”
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Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”
Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.
Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.
Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.
District of Columbia
Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit
MPD accused of illegally demoting officer for taking family leave to care for newborn child
A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.
The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.
It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.
In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.
Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.
“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”
Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.
In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.
Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.
In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.
“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.
“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”
Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.
The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.
Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.
“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.
In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”
One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.
Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.
“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something in which leadership disapproved,” Lempert says in his court filing submitting the two reports.
“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics.
The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.
The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.
Two successive legislatures must approve the resolution before it can go to the ballot.
The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.
The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.
In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care.
Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”
Along with ensuring school training, the organization wants funding in hopes of “establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.
On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.
Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.
Equality Virginia is tracking bills on its website.
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