News
Fed’l benefits issues linger post-DOMA for gay couples
Questions remain on Social Security, taxes, veterans benefits and family leave
Federal benefit issues for gay couples continue to linger after the Supreme Court ruling against the Defense of Marriage Act (Washington Blade photo by Michael Key).
Following the Supreme Court’s decision striking down the Defense of Marriage Act, the extent to which many federal benefits — taxes, Social Security, veterans benefits and family leave — will flow to married same-sex couples remains in question.
The Obama administration has extended certain benefits to married same-sex couples regardless of whether they live in the United States, but other benefits are still in limbo because of law, regulation or policy that determines whether a couple should be considered legally married.
Here’s a breakdown of these benefit categories and where they stand in terms of what’s obstructing their flow to married same-sex couples and what LGBT advocates see as the way forward:
1. SOCIAL SECURITY
Last week, the Social Security Administration announced for the first time it was starting to process retirement claims for married same-sex couples who apply for them in aftermath of the court decision on DOMA. But the extension of these benefits is limited.
On Friday, the agency published guidance indicating these benefits will flow to same-sex married couples living in states that recognize their unions, but couples that apply for these benefits in non-marriage equality states for the time being will have their requests placed on hold.
“Bill (the claimant) and Bob (the NH) marry in MA after MA recognizes same-sex marriage, but are domiciled Texas (TX),” the guidance says. “Bill files for husband’s benefits on Bob’s record. They meet all other factors of entitlement. Hold the claim.”
William “BJ” Jarrett, a Social Security spokesperson, confirmed on Monday the agency is processing some Social Security retirement spouse claims when the individual was married in a state that permits same-sex marriage and lives in a marriage-equality state at the time of application — or while the claim is pending a final determination. Still, he acknowledged other retirement claims are on hold.
“For all other claims, including Social Security survivors benefits, we continue to work with the Department of Justice on the development and implementation of policy and processing instructions,” Jarrett said. “We do, however, encourage individuals who believe they may be eligible for Social Security benefits to apply now to protect against the loss of any potential benefits.”
The reasoning for placing these claims on holds is statutory. Social Security law looks to the state of residence when a couple applies for benefits to determine if they’re married instead of looking to the place of celebration.
Even so, LGBT advocates say it’s possible for the Obama administration to interpret the Supreme Court ruling against DOMA in a broad way that allows them to offer Social Security benefits to a greater number of couples.
Michael Cole-Schwartz, a Human Rights Campaign spokesperson, indicated that no final decision has been with the assessment of these benefits as he encouraged the Obama administration to expand the benefits to additional couples.
“We are glad to see some couples getting benefits and that the door is still open for those couples living in non-marriage equality states,” Cole-Schwartz said. “We urge them to take the broadest interpretation to ensure the maximum numbers of same sex couples have access to benefits.”
Susan Sommer, a senior counsel at Lambda Legal, said her organization also believes gay couples in civil unions or domestic partnerships should also be eligible for Social Security benefits.
“We think that the laws reads for sure to includes those people who live in those states that have a civil union or domestic partnership, but waiting to hear from the Obama administration for confirmation on that point,” Sommer said.
But a statutory change may be necessary. In that event, Rep. Linda Sanchez (D-Calif.) has introduced Social Security Equality Act, which would enable gay couples to receive Social Security no matter where they live — even if their union isn’t a marriage, but a civil union or a domestic partnership.
“It is time for our government to stop telling gay and lesbian couples that they are second class citizens,” Sanchez said last week in a statement. “Same-sex couples pay into Social Security over the course of their working lives just like other Americans. They should receive the full benefits they have earned.”
2. TAXES
Another question is whether legally married same-sex couples throughout the country will be eligible for tax benefits — such as the exemption from the estate tax, the ability to jointly file and exemption from taxes on employer-provided spousal health benefits — in the wake of the DOMA decision. These couples are currently not receiving benefits if they live in states that haven’t legalized marriage equality.
That means if DOMA-lawsuit plaintiff Edith Windsor had moved to a non-marriage equality state like Alabama with Thea Spyer after marrying in Canada, she wouldn’t have been eligible for exemption from the estate tax as a result of her own lawsuit.
But what’s different about these benefits is that neither law nor regulation keeps these benefits from flowing to married same-sex couples that live in marriage equality states. It’s simply the policy of the Internal Revenue Service to look to the state of residence as opposed to the state of celebration in determining whether a couple is married.
Lambda’s Sommer pointed out that only policy is keeping the IRS from allowing these couples in non-marriage equality states to receive tax benefits entitled to other married couples.
“We are aware of no statute or even a regulation that prescribes a choice of law rule for determining the marital status for tax purposes,” Sommer said. “There’s no legal impediment to having the administration follow a place of celebration standard. It could so in addition to, say a place of domicile standard, which has been articulated in some tax court rulings, but still, in some circumstances, as a place of celebration rule.”
An IRS spokesperson referred to the statement currently on the agency’s website posted at the time of the Supreme Court in response to inquiry on whether IRS would implement tax benefits for married same-sex couples on the nationwide basis, regardless of their states of residence.
“We are reviewing the important June 26 Supreme Court decision on the Defense of Marriage Act,” the statement says. “We will be working with the Department of Treasury and Department of Justice, and we will move swiftly to provide revised guidance in the near future.”
3. VETERANS BENEFITS
Defense Secretary Chuck Hagel announced on the day the U.S. Supreme Court struck down DOMA that the Pentagon would comply the law to implement benefits for service members with same-sex spouses. But the question of whether veterans will be included as part of the package remains to be seen.
In U.S. Code, the Pentagon was previously unable to provide gay troops spousals benefits under Titles 10 and 32, which govern rights for service members, because of the Defense of Marriage Act. Now that the Supreme Court has struck down Section 3 of DOMA, those benefits should begin to flow.
However, the benefits under Title 38, which governs benefits for veterans, define spouse independently of DOMA in opposite-sex terms. Some of the benefits allocated under this law are disability benefits, survivor benefits and joint burial at a veteran’s cemetery. It’s unclear whether these benefits will begin to flow along with these other benefits because of the wording within the law.
Multiple media outlets are reporting that the Pentagon intends to have the benefits issue wrapped up by Aug. 31 along with the extension of benefits that were available under DOMA, such as military IDs, that were announced in February. Additionally, the U.S. Justice Department is required to file in McLaughlin v. Hagel, an ongoing DOMA lawsuit, to provide a status report by Sept. 9 on benefits afforded to gay troops addressing the Title 38 issue. An informed source told the Washington Blade the issue may be resolved as soon as this week.
Alex Nicholson, who’s gay and legislative director for Iraq & Afghanistan Veterans of America, said his organization has spoken about the issue with the administration and believes it has a “justifiable mandate” to afford these benefits to the legal spouses gay veterans.
“It’s not surprising that they’re taking their time to figure this out and do it right, but I think the mandate from the Supreme Court was clear enough that they could definitely move a little faster,” Nicholson said.
Lambda’s Sommer said the issue for gay veterans isn’t so much Title 38 because Title 1 of the U.S. Code should allow for a gender-neutral construction of this law. Still, she said other portions of the law related to veterans benefits could impact gay veterans seeking claims.
“In the veterans benefits area, there is also a statute kind of like what’s seen in the Social Security context that looks to the place of domicile at the time of celebration or when the right to the benefit has accrued,” Sommer said. “We’ll have to await guidance for how the administration will treat veterans who resided at the time of their marriage, and continue to live, in states that don’t respect their marriages.”
Lt. Cmdr. Nathan Christensen, a Pentagon spokesperson, said the Defense Department is working on the issue, but unable to provide additional information.
“The Department of Defense is working alongside the Department of Justice to implement the Court’s decision as quickly as possible,” Christensen said. “At this time no decisions have been made.”
In a statement provided to the Blade, the Department of Veterans Affairs similarly said the department was working to implement the benefits without providing anything conclusive on the extent to which they would flow.
“Our commitment to our Veterans and their families will continue to be our focus as we work to comply with recent Supreme Court decisions,” the statement says. “We are working closely with the Department of Justice to review relevant statutes and policies to implement any necessary changes to Federal benefits and obligations swiftly and smoothly in order to deliver the best services to all our nation’s Veterans.”
Here a change in the law may be required as well. The Charlie Morgan Act, introduced by Sen. Jeanne Shaheen (D-N.H.), would enable spousal benefits to flow to gay veterans. It was reported out of the Senate Committee on Veterans’ Affairs just prior to August recess.
4. FAMILY AND MEDICAL LEAVE
Yet another issue that related to family leave still persists a few days after the Labor Department issued guidance stating the Family & Medical Leave Act will apply to married same-sex couples in the wake of the Supreme Court decision against DOMA: Will the change apply to married same-sex couples in non-marriage equality states?
On Friday, Labor Secretary Thomas Perez issued guidance to department staff notifying them the Wage & Hour Division made the change as the result of the work with the Justice Department and calling the Supreme Court ruling against DOMA “a historic step toward equality for all American families.”
“As part of this process, the Department of Labor updated several guidance documents today to remove references to DOMA and to affirm the availability of spousal leave based on same-sex marriages under the Family and Medical Leave Act (FMLA),” Perez said. “This is one of many steps the Department will be taking over the coming months to implement the Supreme Court’s decision.”
The Family & Medical Leave Act entitles employees to take unpaid, job-protected leave for family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to 12 work weeks of leave in a year-long period for the birth of a child or to care for spouse and up to 26 work weeks of leave to care for a service member with a serious injury.
But under current policy, this post-DOMA application of the Family & Medical Leave Act won’t apply to married same-sex couples if they place of residence doesn’t recognize same-sex marriage. A Labor Department official said the Wage & Hour Division’s Family & Medical Leave Act regulations define “spouse” for purposes of marriage as recognized under the state law where an employee resides. All that would be required for to change this policy is a change in regulation.
Tico Almeida, president of Freedom to Work, called on the Labor Department to update the regulations so same-sex marriages are recognized by the state of celebration for family and medical leave purposes.
“The couple that lives in Alabama, flies to New York City for the weekend to get married and returns to Alabama deserves to have the same FMLA rights as the gay and lesbian couples that live in New York City,” Almeida said. “We want a 50-state solution, and that means recognizing same-sex marriages by the state of celebration, even though current FMLA regulations recognize marriage by the state of residency.”
District of Columbia
Blade’s Lou Chibbaro subject of new film premiering May 29
‘Lou’s Legacy’ looks back at 50-year career
Longtime Washington Blade reporter Lou Chibbaro Jr. is the subject of a new documentary film premiering on May 29 in D.C.
The world premiere of the film by Emmy-nominated director Patrick Sammon will take place at the Martin Luther King Jr. Library auditorium in D.C. on May 29 at 6:30 p.m.
“Lou’s Legacy: A Reporter’s Life at the Washington Blade”(29 minutes) tells the story of D.C.’s tumultuous and inspiring LGBTQ history through the lens of veteran reporter Lou Chibbaro’s reporting during nearly five decades at the Blade. The film features renowned D.C. drag performer Donnell Robinson who has been entertaining Washington’s LGBTQ community since 1975 as “Ella Fitzgerald.” Chibbaro and Robinson reflect on their careers and discuss the rising backlash against the LGBTQ community, including laws targeting drag performers.
As a reporter, Chibbaro made a point of focusing on the people and issues that were regularly ignored or distorted by mainstream outlets: the HIV/AIDS epidemic, hate crimes, and the fight for LGBTQ civil rights.
“Lou and Donnell are cornerstones of D.C.’s LGBTQ community,” said Sammon, the film’s director and producer. “I have great respect for both of them and hope this film celebrates in some small way their contribution to our city. It’s especially appropriate to premiere this documentary during WorldPride as people from all over the world gather in D.C. to celebrate our community and find inspiration to continue fighting for LGBTQ equality.”
Sammon and his production team were given unprecedented access to more than 300 archival boxes of meticulously kept reporter’s files, documents, and audio tapes that Chibbaro saved and donated to George Washington University’s Gelman Special Collections Library. In addition, the Washington Blade granted Sammon access to its photo archive of compelling and emotional images, most of which have not been seen for decades.
Charles Francis, president of Mattachine Society said, “The Mattachine Society is so proud to have played a role in making this film happen, especially in this time of total erasure and efforts across the country to rewrite our history. With our work and support, Lou was able to preserve, donate, and help curate his thousands of pages of papers at George Washington University. That history cannot be erased. This film tells the story.”
Pate Felts, co-founder of the Mattachine Society, said, ”Lou’s archive, including more than 300 cartons of reporter’s files, holds thousands of stories of the men and women who suffered and fought for LGBTQ dignity and equality, at great professional and personal cost. Patrick’s film focuses on some of the most powerful ones to help educate all of us, especially younger generations, about the dues paid, the courage displayed and the hope that we all carry forward today.”
A panel discussion will follow the premiere screening of “Lou’s Legacy.” Aside from Chibbaro, Robinson, and Sammon, the conversation will feature Bladepublisher and co-owner Lynne Brown. D.C. journalist Rebekah Robinson will moderate the conversation.
“Lou’s Legacy: A Reporter’s Life at the Washington Blade” will broadcast in late June on MPT and WETA, the region’s leading PBS stations. The WETA broadcasts are set for Saturday, June 21 at 8 p.m. and Monday, June 23 at 9:30 p.m. The film will also stream on PBS.org starting June 21.
“Lou has had a front-row seat to 50 years of historic events; from covering the trial of Matthew Shepard’s murderers to observing the inauguration of President Obama from the Capitol Steps, Lou has seen it all,” said Blade editor Kevin Naff who has worked with Chibbaro for more than 20 years. “The film captures Lou’s dedication and tenacity and reminds us how far we’ve come as a community.”
District of Columbia
D.C. Black Pride 2025: Events, parties, and empowerment
Annual Black LGBTQ culture, community, and resilience celebration starts Wednesday
Beginning on Wednesday, Washington will host a weekend-long celebration of melanated LGBTQ talent, power, and resilience with the return of D.C. Black Pride. From glamorous balls and dance parties to drag performances and more, the weekend offers something for everyone looking to celebrate Black queer existence.
The Washington Blade sat down with Keyna Hutton, president and CEO of the Center for Black Equity and organizer of D.C. Black Pride, to discuss the event’s current significance and the programming they are most excited about.
While the weekend may appear to be all about parties and celebration, Hutton emphasized that the heart of D.C. Black Pride lies in the connections it fosters.
“I always try to remind people that Black Pride is a safe space for communities, for people that don’t have these kinds of safe spaces where they live,” Hutton said. “People that live in some rural parts of the country, some very conservative spaces, they don’t have a space to be Black and queer. Many don’t have a space that they are able to be their full authentic selves. So Black Pride is that space. D.C. Black Pride creates that space for folks to be able to come to and just be free and live at all your intersections, to be glorified and be appreciated for who you are, as diverse as you are.”
They continued, pointing to the importance of this year’s theme — freedom — especially amid a political climate that remains hostile toward marginalized groups, particularly the transgender community.
“The real root of D.C. Black Pride is about creating a safe space and supporting community,” Hutton said. “If you think about what’s going on right now politically, it is even more important for us to maintain these spaces.”
Despite the external pressures facing the Black LGBTQ community, Hutton made clear that the weekend is also about celebration, especially for those traveling from near and far to be part of it.
“I am very excited for the Mr. & Miss D.C. Black Pride Pageant,” she said. “We have Ts Madison, Monroe Alise, Kerri Colby, Ben Garson, Anthony Oakes, Heather Mahogany, Apple Brown Betty. We have so many Black queer folks and queer allied people that are going to be here taking up space with us, loving up on us, entertaining us, all for free!”
For the first time this year, a free shuttle will run between the Capitol Hilton and official D.C. Black Pride events all weekend long, making it easier than ever to join in the celebration.
D.C. Black Pride party roundup
Weekend-long parties
Supreme Fantasy Weekend Party
All weekend long, the D.C. Black Pride party Supreme Fantasy will be in full swing beginning on May 22. With 12 events across five days, there’s something for everyone! From drinking and dancing to drag and so much more, this five-day celebration will keep the D.C. Black Pride party pumping through May 26. Tickets and additional information for this 21+ event are available at xavierpartydc.com.
Bliss Party Lineup
Celebrate being a Black LGBTQ woman with the Bliss party lineup! From brunches to dance parties to panels, Bliss has something for everyone. For tickets and additional information for this 21+ party series, visit eventbee.com.
Wednesday, May 21
Cocktails & Conversations
Join hundreds of Black queer women as they kick off D.C. Black Pride with a cocktail reception. Grab a drink and settle in at one of Washington’s swankiest cocktail bars, ZOOZ (636 Maine Ave. S.W.), at 7 p.m., and mingle before the weekend gets going. This is a 21+ event. For tickets and more information, visit BlissPride.com.
Thursday, May 22
Welcome to D.C. Happy Hour
Celebrate the beginning of D.C. Black Pride with drinks in the heart of the Dupont gayborhood! From 5-10 p.m. on the rooftop of Decades (1219 Connecticut Ave. N.W.), take in the spring weather and mix with other Black queer folks. For tickets and more information about this 21+ event, visit BlissPride.com.
Mr. & Miss D.C. Black Pride Pageant
Get ready for the ultimate showcase of Black excellence and pride with the Mr. & Miss D.C. Black Pride Pageant! The competition begins at 6 p.m. at the Capital Hilton (1001 16th St. N.W.), celebrating the history, beauty, and diversity of the DMV’s Black drag and entertainment scene. For tickets, visit Eventbrite.
D.C. Black Pride Unity Free Ball
Join the Capitol Ballroom Council for their 9th annual Unity Free Ball at the Capital Hilton (1001 16th St. N.W.). From 9 p.m. to 1 a.m., show off how you embody this year’s theme of “Freedom.” With over 50 categories, there’s something for everyone. Hosts Icon East Coast Father Duante’ Balenciaga, Legendary East Coast Mother Daijah West, Legendary Domo Alpha Omega, and Empress Angel Rose Garcon will ensure the night is unforgettable. For categories, prizes, and free tickets, visit dcblackpride.org.
The Pre-Pregame Act I
Pregame D.C. Black Pride with Daryl Wilson at The Ugly Mug (723 8th St. S.E.). Expect food, drinks, hookah, and more starting at 10 p.m. For tickets, visit dcblackpride.org.
Friday, May 23
Shoot Your Shot & Drink
Date. Dance. Collaborate! Join Lamont White and Tyrice Johnson for a special in-person LGBTQ+ dating experience at North Gate Grill (1001 16th St. N.W.). Tickets available at dcblackpride.org.
D.C. Black Pride Opening Reception
Kick off the 34th annual D.C. Black Pride with award-winning comedian Anthony Oakes as he hosts an evening of music, drag, and more. Queer icons including Ts Madison, Kerri Colby, and Monroe Alise will be in attendance. Festivities begin at 5 p.m. at the Capital Hilton (1001 16th St. N.W.). Free tickets are available at dcblackpride.org.
Host Hotel Welcome Reception
Start the weekend with a party hosted by Daryl Wilson Events at the Capital Hilton, the official host hotel. Beginning at 3 p.m., guests can pick up VIP passes, connect with other attendees, and get into the Pride spirit. More info at dcblackpride.org.
The Pastel Party
Celebrate Black queer womanhood at the Pastel Party at STRAND Nightclub (1400 I St. N.W.). Beginning at 10 p.m., this event offers a vibrant, affirming space. For tickets to this 21+ event, visit BlissPride.com.
Saturday, May 24
D.C. Black Pride Writers Forum
Join Black LGBTQ writers from across the country for a discussion on storytelling, publishing, and politics. Special guests, including Volo Akili (Dear Universe), will be featured. The event begins at 1 p.m. at the Capital Hilton. More info at dcblackpride.org.
Mary Bowman Poetry Slam
Celebrate Black queer voices at the Mary Bowman Poetry Slam at the Capital Hilton. Open mic registration starts at 5:30 p.m., with the show beginning at 6 p.m. Cash prizes will be awarded. More info at dcblackpride.org.
PURE BLISS – The Main Event
Dance the night away with other Black queer women at PURE BLISS, starting at 10 p.m. at Next Level (15 K St. N.E.). Enjoy music, drinks, and community. Tickets are $25 at BlissPride.com.
D.C. Black Pride White Party
Put on your best white outfit and party with the Black queer community at the iconic White Party. Rapper KHIA performs live at Echostage (2135 Queens Chapel Road N.E.), starting at 10 p.m. Tickets available at dcblackpride.org.
Meatloaf Saturday
Join over 5,000 Black queer men across three dance floors with four DJs, go-go dancers, and live performances. Meatloaf Saturday kicks off at 10 p.m. at Public Nightclub (1214 18th St. N.W.). Tickets at dcblackpride.org.
Sunday, May 25
Euphoria: D.C. Black Pride 2025 Closeout – The Finale
Close out Pride weekend with one last rooftop party at Twelve After Twelve (1212 18th St. N.W.) from 4-10 p.m. Celebrate with drinks, dancing, and community in Dupont Circle. Tickets are $15 at dcblackpride.org.
Wet Dreamz Mega Day Party
Join hundreds of Black LGBTQ people at one of the biggest events of the weekend — Wet Dreamz Mega Day Party — at The Bullpen @ Nats Stadium (1201 Half St. N.E.), starting at 5 p.m. Hosted by Daryl Wilson Events. Tickets available at dcblackpride.org.
Sunday Night Super Party
Four floors. Multiple DJs. One unforgettable night. Daryl Wilson’s Sunday Super Party at The Park (920 14th St. N.W.) begins at 10 p.m. and keeps going late. This 21+ event is free to attend. Details at dcblackpride.org.
Tuesday, May 27
WorldPride Black Queer Film Festival
Celebrate the art and impact of Black queer filmmakers with D.C. Black Pride and WorldPride at the three-day Black Queer Film Festival, kicking off at 6 p.m. at Howard University’s Blackburn Digital Auditorium (2397 6th St. N.W.). Free tickets available at dcblackpride.org.
In addition to these events, Thurst Lounge (2214 14th St. N.W.) — D.C.’s only Black-owned LGBTQ lounge — will host nightly celebrations of Black queer excellence. The weeklong celebration, Thurstnik Reloaded, runs from Wednesday through Memorial Day Monday. No cover charge, but a 21+ ID is required.
Cuba
Cuban lawmakers to consider simplifying process for trans people to change IDs
National Assembly in July will reportedly debate proposal
Cuban lawmakers are reportedly poised to consider a proposal that would allow transgender people to legally change the gender marker on their ID documents without surgery.
Cubadebate, a government-run website, on May 11 referenced the proposal in an article about an International Day Against Homophobia, Biphobia, and Transphobia march in Havana that the National Center for Sexual Education organized.
Mariela Castro, the daughter of former Cuban President Raúl Castro who spearheads LGBTQ issues on the island, is CENESEX’s director.
Cubadebate notes the National Assembly in July will consider an amendment to the country’s Civil Registry Law that “for the first time would allow citizens to determine the sex on their identification cards without the need for a court order or gender assignment surgery.”
Argentina, Uruguay, Germany, and Malta are among the countries that allow trans people to legally change their name and gender without surgery.
Cuba’s national health care system has offered free sex-reassignment surgery since 2008, but activists who are critical of Mariela Castro and CENESEX have said access to these procedures is limited. Mariela Castro, who is also a member of the National Assembly, in 2013 voted against a measure to add sexual orientation to Cuba’s labor code because it did not include gender identity.
The Cuban constitution bans discrimination based on sexual orientation and gender identity, among other factors. Authorities routinely harass and detain activists who publicly criticize the government.
Blade’s Lou Chibbaro subject of new film premiering May 29
Let love and compassion guide our response to Joe Biden’s cancer diagnosis
D.C. Black Pride 2025: Events, parties, and empowerment
Cuban lawmakers to consider simplifying process for trans people to change IDs
