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Fed’l benefits issues linger post-DOMA for gay couples

Questions remain on Social Security, taxes, veterans benefits and family leave

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Jeff Zarillo, Paul Katami, Sandy Stier, Kris Perry, David Boies, Chad Griffin, gay marriage, same-sex marriage, marriage equality, Proposition 8, Defense of Marriage Act, DOMA, Prop 8, California, Supreme Court, gay news, Washington Blade
Jeff Zarillo, Paul Katami, Sandy Stier, Kris Perry, David Boies, Chad Griffin, gay marriage, same-sex marriage, marriage equality, Proposition 8, Defense of Marriage Act, DOMA, Prop 8, California, Supreme Court, gay news, Washington Blade

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.”

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District of Columbia

Former Capital Pride board member reiterates sexual harassment allegation

Trans activist says resignation of board chair won’t change org’s culture

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Taylor Lianne Chandler resigned earlier this year from the Capital Pride Alliance board. (Washington Blade file photo by Michael Key)

Taylor Lianne Chandler, who earlier this year resigned from the Capital Pride Alliance Board of Directors after expressing concern that the board failed to address instances of “sexual misconduct” within the Capital Pride organization, said this week she doesn’t believe her concerns will be addressed following the resignation of the board’s current chairperson.

Capital Pride Alliance serves as the lead organizer of D.C.’s annual LGBTQ Pride events. 

Anna Jinkerson, who has served as chair of the Capital Pride board for only 10 months and has served on the board for the past four years, confirmed she is resigning from the board effective Sept. 30.

In a statement to the Washington Blade commenting on the possible impact of Jinkerson’s resignation, Chandler said Capital Pride board member Natalie Thompson would be replacing Jinkerson as board chair, and she didn’t expect that change to impact what she called Capital Pride’s problematic “culture.” 

But Ryan Bos, the Capital Pride president and CEO, told the Blade that Thompson had not been selected as the new board chair and that a new chair would not be selected until the board holds an election scheduled for October.

Chandler, who identifies as transgender, said it was a Capital Pride board member who told her that Natalie Thompson had been or would be selected as the new Capital Pride board chair. She didn’t identify the board member.

“My concerns about how Capital Pride has handled serious allegations of sexual misconduct have not disappeared with a change in leadership,” she told the Blade in her statement. “When leadership continues to socialize, smile for photographs, and share spaces with someone facing serious allegations, what message does that send to the people who say they were harmed,” she said.

Chandler has told the Blade a Capital Pride investigation identified an individual implicated in a “pattern” of sexual harassment-related behavior but said she was bound by a Non-Disclosure Agreement that applied to all board members and she could not provide further details.   

When asked by the Blade to comment on Chandler’s allegations at the time she resigned from the board in February of this year, board chair Jinkerson said Capital Pride acts “quickly and appropriately” to address concerns such as those raised by Chandler. But she and other Capital Pride officials did not at that time or since then specifically acknowledge whether someone associated with the organization engaged in sexual harassment.

“The community deserves transparency, accountability, and leadership willing to make difficult decisions,” Chandler said in her statement to the Blade this week. “Changing the chair doesn’t change the culture,” she added. “Actions do.”

In response to a request from the Blade for an update on its response to Chandler’s allegations about alleged sexual misconduct within the Capital Pride organization, Bos sent the Blade a statement on behalf of Capital Pride.

“The Capital Pride Alliance takes allegations of harassment, misconduct, and unsafe behavior seriously,” the statement says. “The organization follows standard procedures and engages appropriate resources to support a thorough, confidential, and impartial review, when information is reported.” 

The statement adds, ”Because these matters require maintaining confidentiality and protecting the privacy of personnel, volunteers, and governance processes, we will not comment on specific individuals, allegations, investigative findings or communications involving law enforcement.” 

It concludes by stating, “We remain committed to fostering a safe, respectful, and inclusive environment, appropriately addressing concerns raised, and continuing to strengthen our policies, governance practices, and organizational culture.”

Although the statement refers to “communications involving law enforcement,” Capital Pride has not disclosed whether instances of alleged sexual harassment or, as stated by Chandler, a possible instance of sexual assault, have been reported to D.C. police.  

A D.C. police spokesperson, in response to a Blade inquiry, said they have no record of a sexual harassment or sexual assault complaint surfacing from the Capital Pride office, which is located in the D.C. LGBTQ+ Community Center building at 1827 Wiltberger Street, N.W. 

Officials at Capital Pride recently exchanged testy public Facebook posts with Chandler. June Crenshaw, COO of Capital Pride Alliance, criticized Chandler for her social media posts on the matter.

“It is remarkable to watch people publicly accuse others of failing to create safe spaces when, during the time they themselves held positions of leadership and significant volunteer responsibility, they claim to have witnessed deeply troubling behavior, yet never reported what they allegedly witnessed to fellow leaders, law enforcement, the Office of the Attorney General, legal counsel, or staff responsible for addressing such concerns,” Crenshaw wrote. “When I became aware of allegations or personally witnessed conduct that required intervention, I reported what I knew through the appropriate channels, including to law enforcement and other relevant authorities. Investigations were conducted. Those processes created records, documentation, correspondence, timelines, and conclusions.”

Chandler responded, “I was NOT in organizational leadership or fully informed about the scope of these allegations when much of what you reference occurred. I was read into the situation after becoming an executive officer. By that point, the investigation had already concluded, and we were awaiting the final report. … Once that report became available to me, and once I understood the seriousness and scope of what was being alleged, my position was anything but ambiguous: I did not believe this individual should be welcomed at, participate in, or have access to official Pride events.”

Capital Pride’s attorney Nick Harrison then joined the exchange, accusing Chandler of violating confidentiality rules.

“You served on the Board for years. You cannot now present yourself as an outsider with no  responsibility for what occurred during your tenure,” Harrison wrote. “When the situation became difficult, you resigned, provided your resignation letter to the media, disclosed confidential organizational matters, and recast yourself as the victim.”

Again, no one has publicly identified the person Chandler references as being welcome at Pride events and photographed with Capital Pride leadership. 

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New York

Grace Meng sharply criticizes DOJ over hospital settlements

N.Y. congresswoman spoke with the Blade this week

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U.S. Rep. Grace Meng (D-N.Y.) (Photo public domain)

Few things have riled up Republicans in power like the ongoing fight to restrict gender-affirming care for minors.

The Trump-Vance administration has been clear in making the fight against transgender rights, healthcare, and visibility a priority as they enter their “lame duck” phase of the presidency.

With the midterms looming, they are hoping scapegoating trans children — as they did in 2020, only for it to grow into a core national party strategy in the following elections — will save them from a less-than-secure control of the federal government like they’ve had since Trump took office.

In the past year, numerous deals have been struck between hospitals that have provided gender-affirming care to minors and the Justice Department to halt any further care.
While Republican pundits and conservative voices continue to accuse these hospitals — like NYU Langone and Mount Sinai Health System — of committing what they contend are atrocities against these children, large portions of gender-affirming care for minors involve social transitions and puberty blockers, which are reversible.

The Washington Blade spoke with Congresswoman Grace Meng, who represents New York’s Sixth Congressional District and is the ranking member of the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, to discuss whether these ongoing settlements between hospitals and the Trump-run Justice Department are legal.

In her role as the ranking member of the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, Meng oversees funding for Justice Department and a slew of other federal agencies. The position gives her the power to look behind the coercion, examine how things are being done, and question the policies and actions of these federal powers in a way many other members of Congress cannot.

Meng said the Justice Department’s actions against hospitals providing gender-affirming care are part of what she sees as a broader pattern of institutions — under the control of this president — targeting LGBTQ people.

“Unfortunately this is not the first time that the DOJ is weaponizing the agency to target our communities, and our LGBTQ+ community, especially our young people, are unfortunately yet another victim of that,” Meng told the Blade. “The real victims are the actual patients and families who are losing a trusted provider.”

She argued that one prong of this ongoing situation is the way the DOJ is going about these “wins” — through pressure rather than through going to court to find actual wrongdoings.

“This DOJ knows that they can’t win in the courts based on the merit of these types of actions, so they are just working by bullying and using coercion to cheat their way through getting what they want,” she said.

She pointed to the use of litigation, subpoenas, and reputational damage against the hospitals as part of that pressure campaign.

“They know that they can’t prove any wrongdoing in court, so they’re just using the threat of prolonged litigation, subpoenas for patients’ records and trying to damage reputations of these institutions as they’ve been cutting funding for them.”

The hospitals involved so far include NYU Langone Hospitals in New York, University of Pittsburgh Medical Center in Pennsylvania, the Mount Sinai Health System in New York, the Cleveland Clinic Foundation in Ohio, Connecticut Children’s Hospital in Connecticut, and Texas Children’s Hospital in Texas.

Meng said the settlements are part of a broader strategy by the Justice Department.

“This is a part of their larger deliberate strategy across the country. They’ve obviously gone after NYU Langone. They’ve gone after Mount Sinai in my state, and they’re doing this in other states as well.”

When asked about the agreements being reached between the Justice Department and hospitals, Meng was direct.

“I think these are forced settlements. Absolutely,” Meng said.

Meng described the federal government’s involvement in individual trans healthcare decisions as an intrusion into private medical decisions.

“This is cruel. It’s a cruel form of coercion. It’s a form of cheating,” she went on, comparing this to the ongoing fight for reproductive freedom in the country. “Just like when we’re talking about reproductive rights, right? It’s an invasion of privacy. These are confidential patient records.”

Meng said the federal government should not be involved in decisions between families and their doctors.

“President Trump and the federal government do not belong in a hospital, helping to make decisions that are very personal and sensitive to every single family. They should not be involved in these decisions.”

She said the settlements could leave families without access to healthcare they need.

“Their way of forcing these settlements and leaving so many without the healthcare that they really need is really just devastating.”

Meng said the impact is already being felt by families in her district and across New York.

“The human impact, the impact on our families, on our constituents here in Queens and throughout New York, is really hurtful.”

Meng framed the issue as part of what she described as a larger pattern within the Trump-Vance administration of attacking the most vulnerable.

“If you ask me to sum up this administration in one word, it would be cruelty,” she said. “They feel like they have a right to decide who is American enough in this country, and who is good enough, and who is deserving enough.”

She went further, saying Trump is “literally acting as a dictator.”

She contrasted his leadership with that of a traditional public servant.

“Most public servants wake up every day thinking of ways that they can make people’s lives better, how they can help people. This administration and this action is no different. It wakes up and thinks of a new way to target a different community every day.”

As the ranking member of the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, Meng said Congress has tools available to examine how the Justice Department operates and spends federal money.

“The purpose of our 12 subcommittees is to have direct oversight and leverage as Congress members, as the third branch of government, over how the Department of Justice spends our taxpayers’ money.”

One crucial thing Meng pointed out about being on this committee is the fact that much of the work of appropriations is bipartisan and is entirely within the power of Congress via the Constitution.

“We need the White House to respect the constitutional process that the Appropriations Committee goes through,” she said. “We write the Appropriations Law. It’s between Republican and Democratic Congress members.”

When asked about the funding from the settlements — and the continued funding for an increasingly looked-down-upon DOJ — she said she is seeking greater transparency into how federal money is being spent.

“I think that both sides will end up wanting more transparency into the money, how the money is spent.”

Meng said Congress has the legal authority to place requirements on the Justice Department through appropriations legislation.

“We have the legal authority to include language that helps write the DOJ and other agencies, but the DOJ’s budget, and so we will certainly exercise that authority whether or not we’re in the majority.”

She also pointed to the possibility of Democrats taking control of the U.S. House of Representatives after the midterms.

“Hopefully, as we’re in the majority after November, we will be able to have more teeth and more ability to apply that pressure and to write the bill in a way that is transparent and doesn’t harm our families.”

Despite the growing public agitation and disappointment over these settlements, Meng said there is not yet a specific schedule for congressional hearings on the issue, but that it may come after the midterms.

“We don’t have a timeline of hearings and specific topics, but CJS is everything under Commerce, Justice, and Science-related agencies,” she said. “Hopefully, when House Democrats control the House and maybe even the Senate, that we’ll be able to claw back some of their overreach.”

Meng also criticized what she described as a Justice Department operating outside the traditional boundaries of the agency.

“They can’t operate as a rogue agency or as a personal law firm of this president, in the way that they’re doing now. Using subpoenas, threatening prosecutions, these settlements — they are tools that are being used, I believe, unethically and illegally.”

Meng said trans children and their families could continue to face the consequences of the administration’s actions as the Justice Department expands its efforts.

“These are maybe low-hanging fruit or easy targets for the administration, but I can see them going after institutions in other states as they started to do as well.”

She said members of Congress have a responsibility to reassure affected families that they are not alone.

“Our job, whether it’s a representative for my Queens families, but for families across America too, is to let them know that I and my colleagues, many of my colleagues, are standing with them.”

“We are still with them, especially with the patients and the families affected by the NYU Langone deal, but any of these institutions and how they’re hurting them.”

Meng said she wants to achieve that through partnerships outside of government.

“We’re gonna do our best to expand partnership with organizations on the ground to make sure that they’re getting the support and the care that they need.”

While talking to the Blade, Meng also raised broader concerns about the relationship between Congress and the executive branch.

“This administration has definitely not followed the Constitution, and I know that there are pending lawsuits,” she said.

Just this week, the Trump-Vance administration was taken to court over what CNN, POLITICO and MS NOW alleged were violations of their First Amendment rights.

Meng said the administration has not treated Congress as an independent branch of government.

“They [the president] do not act as if Congress is a third branch of government. They think and act like Congress works for them, like they’re a part of their agencies that they’re weaponizing.”

Meng said she believes the public has become more aware of the administration’s actions, but that there is still work to do in explaining how those actions unfold.

“I think that the American people’s eyes have been opened a little more under this administration than in past ones … There’s definitely more room to continue to educate the public as to what this administration is doing.”

For Meng, the debate over trans healthcare ultimately comes down to the families affected by the decisions being made in Washington.

“What’s most important is not just the legalese that everyone’s debating these days when news like this comes out. We have to remember that there are real human beings, real families that are being impacted,” she said. “There are people crying behind closed doors in their homes, and they don’t know literally what they can do or where they will call next to get the care that they need and that they want.”

Meng said lawmakers have a responsibility to address the issue legislatively while also supporting families in their communities.

“It’s our job in Washington, in the capital, to fight these fights legislatively. But in our home districts and in our communities, it’s our job to reassure these families that we’re there for them, and that we’re going to be creative, and we’re going to find new partnerships and expand existing ones to make sure that our families have a path forward.”

She said local and state governments are also being forced to find ways to respond — and, in many cases, end up being some of the only places where protections can happen.

“Our local legislators and many of our communities, on the city level, municipal level, and the state level, they’re looking for more funding options, and a lot of them, including in New York, have had to step up in major ways.”

“Everyone has to step up in newer and more creative ways.”

Ultimately, Meng said the focus should remain on the families affected by the decisions.
“But at the end of the day, it’s the families that are impacted that we’re doing this for,” she said.

The Human Rights Campaign, the largest LGBTQ advocacy group in the U.S., issued a statement this week following the announcement of more settlements.

“This is nothing less than a crisis for families and transgender youth. Since day one, Trump and his callous administration have used the full force of the federal government to come after transgender young people, their families and their doctors — and far too many hospitals are complying and abandoning their patients. Now, even in states with policies that protect transgender people, the options for parents to get their children best-practice, and potentially life-saving healthcare, are dwindling day by day,” HRC President Kelley Robinson said.

“This is the exact outcome Trump wants to see — and this cruelty shouldn’t be lost on anyone who has ever had to make difficult decisions about how to safeguard their child’s health and well-being. Our thoughts are with the countless families across the country who feel scared and under siege. We will not stop fighting until everyone can have access to the healthcare they need.”

While the Blade had her, they also asked about House Speaker Mike Johnson (R-La.), and his decision to send members of Congress home rather than hold a vote on impeaching Defense Secretary Pete Hegseth, in part over his trans military ban, which has left thousands of highly skilled, ready and able workers sitting on the sidelines awaiting the courts to tell them if they are guaranteed the right to fight on behalf of the country.

“I can’t take credit for this, but someone called it the Hegseth holiday,” Meng said. “This speaker, every time there’s a tough vote, instead of acting as a leader and a speaker, he just calls it quits and he sends us home.”

“I believe — and I’m sure he does — that we had enough votes to impeach Hegseth, and he didn’t want to do it. So off we go.”

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District of Columbia

Center for Black Equity’s annual gala to take place Oct. 3

Advocacy group to honor Black LGBTQ community champions

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A scene from last year's BE Gala. (Washington Blade photo by Michael Key)

The Center for Black Equity, the D.C.-based international network of LGBTQ activists and organizations that advocate for Black LGBTQ communities and organize Black Pride events worldwide, will hold its annual 2026 BE Gala in D.C. on Oct. 3.

The event, to be held at the Conrad Washington Hotel at 950 New York Ave., N.W., among other things, will honor at least a dozen “distinguished Black individuals” and organizations that champion Black LGBTQ communities, according to a statement released by the Center for Black Equity.

“The honorees will receive awards recognizing extraordinary leadership, advocacy, and service across civil rights, public health, the arts, media, entrepreneurship, and community life,” the statement says.

“With an elegant atmosphere and a bold mission, this unforgettable evening brings together advocates, allies, and change makers committed to equity and joy,” the statement says in referring to the Oct. 3 BE Gala.

The statement notes that tickets for the event, which serves as a fundraiser for the Center of Black Equity, begin at $250 for individuals and include dinner and two drinks. It says reserved tables for eight were being offered for $2,000, and “Premier” tables for eight were selling for $2,500 and include seating near the stage.

“The BE Gala is more than an evening of celebration,” according to the statement. “It is an opportunity to honor Black LGBTQ+ leadership while investing in the work of the Center for Black Equity.”

Kenya Hutton, the Center for Black Equity’s CEO, told the Washington Blade the name “BE” for the gala is not an acronym. “The name is rooted in the idea of being: being seen, being celebrated and being fully and authentically yourself,” he said.

“BE Gala creates a space to celebrate Black LGGTQ+ people for who they are, the lives they lead and the impact they make,” he added.

The Center for Black Equity until 2012 was called the International Federation of Black Prides and was founded by organizers of D.C.’s Black Pride celebration.

Its current website includes a statement saying it’s mission is to “promote a multinational LGBTQ+ network dedicated to improving health and wellness opportunities, economic empowerment, and equal rights while promoting individua and collective work, responsibilities, and self-empowerment.”     

The 2026 Center for Black Equity award honorees as announced in its statement released this week are:

Courtney Snowden: Welmore Cook Advocacy & Service Award

Clover Barnes: Ernest Hopkins Public Health Leadership Award

Nikki Alexander: Unsung Hero Award

Darryl G. Moore: Center for Black Equity Leadership Award

The Freelux Project: Center for Black Equity Small Business Award

Tori Cooper: Earline Budd Transgender Leadership Award

Bishop Steven R. Sawyer: Bishop Kwabena Rainey Cheeks Spiritual & Community Leadership Award

Rev. Carmarion D. Anderson-Harvey: Bishop Kwabena Rainey Cheeks Spiritual & Community Leadership Award

Monroe Alise: Trans Power in Media Award

Justin N. Stewart: National Black Pride Image Award

Marlene McNeese: Curtis L. Etherly Jr. Ally Award

Venton Jones: Eleanor Holmes Norton Civil Rights & Justice Award

In Our Own Voices, Inc.: Ruth Ellis Community Impact Award

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