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.”
Illinois
Chicago’s LGBTQ+ youth: Why their zip code still matters
South and West side residents face longer commutes to access affirming services
On Chicago’s West Side, the ballroom scene doubles as a lifeline for LGBTQ+ youth.
Every week, teens are drawn into TaskForce Prevention & Community Services for its popular Vogue School. Once there, they then have access to a variety of resources like housing support, a food pantry, fresh produce, and mental health services.
For many, it’s the only affirming environment in their neighborhood.
“We’re located here in Austin, and there isn’t really any other LGBTQ+ youth program like us on the West Side,” said Reyna Ortiz, program director at the nonprofit. “It’s special because young people don’t have to go Downtown or to the North side to feel like they belong here.”
Ortiz’s perspective underscores a long-standing reality that access to LGBTQ+ youth resources often depends on your zip code.
The city’s largest LGBTQ+ institutions have a prominence on the North Side, which is home to LGBTQ+ enclaves like Northalsted and Andersonville. This can leave queer youth on the South and West sides having to face longer commutes and other barriers when trying to access affirming services.
And when queer youth don’t have these kinds of resources nearby, it can create gaps that shape their health, education and economic futures. But North Side-based institutions—as well as smaller LGBTQ+ orgs on the South and West sides and some citywide organizations—are working to fill these gaps.
Two of Chicago’s largest LGBTQ+ organizations, the Center on Halsted and Howard Brown Health’s Broadway Youth Center, are both situated on the North Side.
At Center on Halsted, 3656 N. Halsted St., youth and family programming spans drop-in spaces, leadership and mentoring opportunities and support groups for LGBTQ+ youth. statewide LGBTQ+ hotline provides additional access for young people beyond its Lakeview base.
CEO Joli Robinson said the Center has been intentional about expanding youth programming beyond the North Side through partnerships with other LGBTQ+ organizations and by introducing programs to its South Side location, the Center on Cottage Grove, 6323 S. Cottage Grove Ave.
“A week or so ago, we started our first drop-in space at the Center on Cottage Grove, which has been a priority for us over the past year and a half that I’ve been with the organization,” Robinson said. “We also partner with organizations like Chicago House and Life is Work, … and work to strengthen relationships with the GSAs in schools and PFLAG organizations that exist on the South and West sides.”
These kinds of collaborations are crucial to reaching LGBTQ+ youth in all neighborhoods of Chicago, Robinson said.
“These are organizations that they may already have a strong relationship with, and by deepening our partnerships with them, we’re leveraging the expertise of people who are in these neighborhoods to make sure we’re working in collaboration,” Robinson said.
The Broadway Youth Center, 1023 W. Irving Park Road, serves LGBTQ+ youth ages 12 to 24, particularly those experiencing homelessness or housing instability. It provides integrated medical and mental health care, sexual and reproductive health services, case management and mental wellness support.
The Broadway Youth Center’s drop-in space also offers meals, clothing, showers and other essentials, while cultural programming like art and dance provides additional affirming outets.
Both organizations state their programs are open to youth citywide and emphasize outreach through hotlines, housing services and broader support networks.
Still, their physical bases on the North Side mean that young people in other parts of the city often face barriers to access them.
“And we don’t want transportation to be a barrier for individuals,” Robinson said. “We don’t want location to be a barrier for individuals to participate in some of our programming, so it really is incumbent upon us to be very strategic and think creatively about how we engage the full city.”
TaskForce is among the organizations working to fill these gaps.
Based in Austin on the West Side, the nonprofit offers youth services that are culturally specific, including housing support, food access, and sexual health testing.
Equally as important is TaskForce’s Vogue School, which uses voguing and ballroom culture to strengthen community and encourage self expression.
“Ballroom is important because it’s the one place where they can showcase their talents, where they can showcase who they are without any type of restrictions, without any type of judgment,” Ortiz said. “Ballroom and vogue are how our kids see themselves celebrated. It’s culture, it’s community, and it’s also leadership development.”
Ortiz said TaskForce also provides a steady presence in a neighborhood where resources are limited.
“We are consistent, we are here, we are present and we are open,” Ortiz said.
TaskForce is also home to PrEP 4 Teens, a citywide program focused on HIV prevention and sexual health among youth. While it’s open to teens across Chicago, staff said they are especially focused on reaching those on the South and West Sides who often face the steepest barriers to access.
“We’re looking to collaborate more with agencies, both in the south and west side of Chicago,” said program lead David Gauna. “We know those are the young people who need us most.”
That focus reflects the larger imbalance in the city.
“It’s about equitable access,” said Jim Pickett, one of the program’s organizers. “And so there’s a real lack of equity throughout Chicago, and we could certainly have a much more equitable distribution of opportunities.”
PrEP4Teens was shaped by youth themselves, Gauna added.
“Young people created this,” Gauna said. “They decided the colors, the imagery, the language. They said, ‘We don’t want this to be medical. We want this to be something fun. We want this to be engaging.’”
That youth-driven design is what makes it resonate, said Skai Underwood, who also runs PrEP4Teens.
“We try to meet youth where they are, and culture is part of that,” Underwood said.
Schools can also play a part in filling these gaps on the South and West sides.
“I think that there’s a great opportunity for schools to be like the glue that brings everything together,” said Julio Flores, program director for the Alliance, which promotes school safety for LGBTQ+ youth through advocacy, education, youth programming and research.
For some students, he said, school-based GSAs are the only affirming space they have.
“A GSA can be the only affirming space a young person has,” Flores said.
And those spaces can change a student’s trajectory, he added.
“When young people can lead a GSA, they’re not just building community, they’re building the skills they’ll use in college, in jobs and in life,” Flores said.
The gaps in geography don’t just shape whether young queer people can find community. They also shape whether they’re set up to succeed.
At TaskForce, Ortiz said success often begins with visibility. Young people who first came in for the Vogue School or drop-in services have gone on to train as medical assistants and phlebotomists.
“Some of our youth that frequent the Vogue School start to volunteer. Then we hire and train them, and now they’re building careers,” Ortiz said.
For youth involved with PrEP 4 Teens, growth is just as tangible.
Gauna said teens were engaged in a program that empowered them to build the look, feel and voice of a PrEP awareness campaign. By the end of the cohort, youth who had once been too shy to speak were leading workshops, presenting artwork and giving speeches.
“They started off super shy… and by the end they were showcasing what this program had done for them — not just to take charge of their sexual health, but to feel a lot more confident in themselves,” Gauna said.
Pickett tied those individual transformations back to the bigger picture.
“So many queer young people of color don’t necessarily have many safe spaces throughout the day in their lives,” he said. “Providing these opportunities to engage with other young people and develop their skills and have fun and be fully who they are is so empowering. It sets them up for success.”
Robinson of Center on Halsted said the link between geography and opportunity often comes down to whether young people have their most immediate needs met close to home. Without food, shelter or a safe place to connect, long-term success could remain out of reach.
“For people to really have the safety and security they need to think about economic development or to be provided with a stronger footing and foundation to focus on maybe college or career, they need to have some of their most basic needs met,” Robinson said.
This article was originally published by the Windy City Times and is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com/
Maryland
Anne Arundel schools updates gender identity regulation following Trump administration threats
District facing federal lawsuit, White House threats over guidelines
By JESSICA CALEFATI | Under pressure from the Trump-Vance administration, Anne Arundel County Public Schools Supt. Mark Bedell announced Wednesday the district had updated a regulation intended to protect transgender students’ right to be called by their chosen name.
The revised language makes clear that district rules on gender identity do not block parents’ rights under the Family Educational Rights and Privacy Act as the federal government alleged last month, and that a student’s gender identity will not be treated as confidential medical information.
“No policy, guideline, or practice may limit or otherwise interfere with parental rights under FERPA,” Bedell wrote in a Wednesday letter to the community. “This includes any information maintained in education records that relates to gender identity, transgender status, sexual orientation, preferred name, or preferred pronouns.”
The rest of this article can be read on the Baltimore Banner’s website.
Netherlands
Thailand’s first openly gay senator attends World Pride in Amsterdam
Blade sat down with Pornchai Witayalerdpan on Aug. 7
Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key were on assignment in the Netherlands from July 28-Aug. 10.
AMSTERDAM — The first openly gay man elected to the Thai Senate says the law that extended marriage rights to same-sex couples in Thailand has positively impacted his country’s global image.
“It totally changed how the world perceived Thailand,” Sen. Pornchai Witayalerdpan told the Washington Blade on Aug. 7 during an interview at the World Pride Human Rights Conference in Amsterdam.
Thailand on Jan. 23, 2025, became the first country in Southeast Asia to allow same-sex couples to legally marry.
The marriage equality bill received final legislative approval in June 2024 when the Senate approved it by a 152-130 vote margin. King Maha Vajiralongkorn signed it a few months later. Then-Prime Minister Prime Minister Paetongtarn Shinawatra is among those who supported the law.
Witayalerdpan was a freelance interpreter before he took office in July 2024.
The independent senator noted Thailand’s marriage equality movement began to gain traction with a lawsuit that the Foundation for Sexual Orientation and Gender Identity Rights and Justice, a Thai advocacy group, filed.
The Constitutional Court in 2021 upheld a law that defined marriage as between a man and a woman. MP Tunyawaj Kamolwongwat of the Move Forward Party later introduced the marriage equality bill that became law.
“It was a coalition of efforts between the civil society organizations, the LGBTQ organizations, and also the Pride movement in Thailand,” Witayalerdpan told the Blade.
Taiwan in 2019 became the first country in Asia to extend marriage rights to same-sex couples.
The Nepalese Supreme Court in June issued a landmark ruling that ordered the country’s government to guarantee full marriage rights to same-sex couples.
The Japanese Supreme Court in March said it will consider six marriage equality lawsuits that have been filed in the country. The Indian Supreme Court in 2023 ruled against marriage rights for same-sex couples. South Korea is among the other Asian countries in which marriage equality efforts are gaining momentum.
Witayalerdpan said Thailand’s marriage equality law could have a direct impact in Japan, which is the only G7 country that does not legally recognize same-sex couples.
“It’s been nothing but a positive effect (in Thailand) after the same-sex marriage law (took effect),” he said.
InterPride, the organization that coordinates World Pride events, has announced Bangkok and Barcelona, Spain, are the two finalists to host the biennial event in 2030. (World Pride took place in D.C. in 2025.)
Witayalerdpan told the Blade that World Pride in Bangkok would further improve Thailand’s global image. He also said his fellow lawmakers, in turn, should pass LGBTQ rights bills — including proposals that would allow transgender people to legally change their name and gender and enable same-sex couples to have children via surrogates from in vitro fertilization. Witayalerdpan noted the most important bill to him is one that would strengthen Thailand’s LGBTQ-inclusive nondiscrimination law that took effect in 2015.
Impact of US funding cuts has ‘been very hard’
Witayalerdpan also offered advice to activists in the U.S. and elsewhere around the world.
“Keep on pushing forward,” he told the Blade. “I know that it’s hard for activists in Thailand as well.”
Witayalerdpan acknowledged the loss of U.S. government funding since the Trump-Vance administration took office — which has forced advocacy groups in Asia and elsewhere around the world to close — has “been very hard.” Witayalerdpan noted the global LGBTQ and intersex rights movement in response to these cuts has turned to the European Union, the U.K., Canada, and the Netherlands to help fill the gap.
“It’s very good that these countries are providing more funds to the activists in Asia than before because of the Trump situation,” he told the Blade. “It can increase their soft power as well.”
Witayalerdpan said American activists should “wish for a positive result in the mid-term elections.”
“Then there is some resistance,” he added.
Witayalerdpan specifically highlighted efforts to fight against the Trump-Vance administration’s efforts to restrict gender-affirming healthcare.
A federal court in Massachusetts on Aug. 15 struck down a key provision of a U.S. Department of Health and Human Service rule that would have limited access to gender-affirming care under the Affordable Care Act. Maryland and California are two of the 21 states that sued the Trump-Vance administration over the issue.
“You have to show more resistance … to show that we are still here and we will push back when we can,” said Witayalerdpan.
Chicago’s LGBTQ+ youth: Why their zip code still matters
Anne Arundel schools updates gender identity regulation following Trump administration threats
Thailand’s first openly gay senator attends World Pride in Amsterdam
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