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.”
The Dutch Senate on Tuesday approved a bill that would ban so-called conversion therapy in the Netherlands.
NL Times, an online Dutch newspaper, reported 57 of 75 senators backed the proposal. The Dutch House of Representatives, the lower house of the country’s parliament, approved the measure last September.
Conversion therapy practitioners could face up to two years in prison and a €25,000 ($28,980) fine under the bill once it becomes law after King Willem-Alexander gives his royal assent.
“We have been fighting for the ban with victims and colleague organizations for almost 15 years and are very happy with this result,” said COC Nederland, a Dutch LGBTQ and intersex rights group, in a statement after Tuesday’s vote. “We see it as a victory for the victims.”
Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.
Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.
The European Parliament in April voted in favor of prohibiting conversion therapy across the EU. The European Commission last month said all EU countries should ban it.
Rob Jetten, the country’s first openly gay prime minister, took office in February.
This year’s World Pride will take place in Amsterdam from July 25-Aug. 8.
District of Columbia
Lewis George holds strong lead over McDuffie in D.C. mayor’s race
Gay Council member Parker wins in Ward 5; bi candidate leads in Ward 1
D.C. Council member Janeese Lewis George (D-Ward 4) was leading former D.C. Council member Kenyan McDuffie (D-At-Large) in the D.C. primary race for mayor late Tuesday night by a margin of 52.79 percent of the vote compared to 36.57 percent for McDuffie with 64 percent of the votes counted, according to information released by the D.C. Board of Elections at 11:55 p.m.
A Board of Elections spokesperson informed the media by email that the board had stopped its vote counting shortly before midnight and would resume its counting Wednesday morning, June 17.
The late-night returns showed Lewis George and McDuffie were far ahead of the other five candidates competing in the Democratic primary for mayor, with candidate Rini Sampath, who self-identifies as queer, receiving 2.93 percent of the vote.
Of the remaining Democratic mayoral candidates, former Council member Vincent Orange received 3.73 percent; businessman Gary Goodweather received 3.0 percent; and civic activists Hope Solomon, 1.09 percent; and Ernest Johnson 0.53 percent.
Election board spokesperson Sarah Graham noted in her email to the media that the initial vote percentages released Tuesday night were counted under the city’s newly implemented ranked choice voting system, which was in place for mayor, D.C. Council, D.C. congressional delegate, and D.C. attorney general. She said the follow-up “round-by-round tabulation results” when voters’ second, third, fourth and possibly fifth choices are counted under the ranked choice system, they are estimated to be released between Sunday, June 21 and Wednesday, June 24.
“The final round-by-round tabulation results will be released on or after June 26, 2026,” she stated. The ranked-choice system does not go into effect if a candidate receives at least 50 percent of the vote.
Lewis George and McDuffie have strong records of support on LGBTQ issues, and Goodweather expressed strong support for LGBTQ issues during the campaign. The Capital Stonewall Democrats, the city’s largest LGBTQ political group, endorsed Lewis George for mayor.
Although the election board had yet to declare a winner in the mayor’s race, with 36 percent of the votes cast not yet counted, Lewis George delivered a rousing speech at her election-night event at the Howard Theatre that many of her supporters considered a victory speech. Among those attending the event and expressing the belief that Lewis George was the expected winner was Capital Stonewall Democrats President Stevie McCarty.
“There’s still a lot of votes to count, but I feel very confident and it looks really good,” he said in referring to Lewis George and the LGBTQ community members who supported her campaign.
Like the other races for D.C. Council, the D.C. congressional delegate seat, and D.C. attorney general, most if not all of the candidates had either expressed support for LGBTQ rights or had strong records of support, like McDuffie and Lewis George. LGBTQ activists have said that meant LGBTQ voters would be choosing a candidate based on issues other than LGBTQ rights issues.
In other races, D.C. Council member Zachary Parker (D-Ward 5), the Council’s only gay member, was far ahead of two Democratic challengers, with 76.37 percent of the vote. Challengers Bernita Carmichael and Bridgete French received 15.28 percent and 7.57 percent respectively.
Political observers believe Parker is the strong favorite to win re-election in November against a Republican and a Statehood Green Party candidate.
In the Ward 1 D.C. Council race, where five LGBTQ supportive candidates were competing for the seat being vacated by Democratic incumbent Brianne Nadeau, who is not running for re-election, community activist Aparna Raj, who identifies as bisexual, was leading gay candidate and LGBTQ rights activist Miguel Trindade Deramo by a margin of 46.7 percent to 20.27 percent in a five-candidate race.
The other candidates were Rashida Brown, 17,18 percent; Jackie Reyes Yanes, 9.98 percent; and Terry Lynch, 5.75 percent.
In the race for the D.C. delegate seat to the U.S. House of Representatives, which is being vacated by retiring Del. Eleanor Holmes Norton (D), D.C. Council member Robert White (D-At-Large) was leading in a five-candidate race with 63.16 percent of the vote. His leading opponent, D.C. Council member Brooke Pinto (D-Ward 2) had 21.45 percent of the vote.
The vote count for the other candidates was 7.66 percent for Kinney Zalene; 4.55 percent of Trent Holbrook; and 2.8 percent for Greg Jaczko.
In other D.C. Council races Council Chair Phil Mendelson (D-At-Large) and Council member Matthew Frumin (D-Ward 3) were unopposed in the Democratic primary and are considered strong favorites to win re-election in November.
Nine Democrats competed for the At-Large D.C. Council seat being vacated by Council member Anita Bonds (D), who is not seeking re-election. Community activist and local pharmacist Oye Owolewa, who was endorsed by Capital Stonewall Democrats, was leading in the Democratic primary with 33.77 percent of the vote.
The vote count percentage for the other candidates were: Lisa Raymond, 15.22; Kevin Chavous, 13.84; Greg Jackson, 10.95; Candis Nelson, 7.67; Dwight Davis, 6.02; Dyana Forester, 3.72; and Leniqua Jenkins, 3.0.
In the Ward 6 D.C. Council race, Democratic incumbent Charles Allen, a longtime LGBTQ rights supporter who received the Capital Stonewall Democrats endorsement, was far ahead of his two Democratic challengers with 74.43 percent of the vote. Gloria Ann Nauden had 18.68 percent, and Michael Murph had 6.51 percent.
D.C. Attorney General Brian Schwalb, an outspoken supporter of LGBTQ rights who also received the Capital Stonewall Democrats endorsement, had 90.34 percent of the vote in the Democratic primary, with his sole opponent J.P. Szymkowicz receiving 9.15 percent.
In the special election to fill the At-Large Council seat that must go to a non-Democrat under the city’s Home Rule Charter, and which was vacated by McDuffie when he decided to run for mayor as a Democrat, former Council member Elissa Silverman was leading with 54.75 percent of the vote. Incumbent Council member Doni Crawford, who was temporarily appointed to the seat, was in second place with 34.81 percent of the vote. A third candidate, Jaque Patterson, had 19.27 percent. All three candidates ran as independents.
In the separate D.C. Republican and D.C. Statehood Green Party primaries held on June 16, all the offices for which a candidate from those two parties were on the ballot ran unopposed. No Republican candidate ran for D.C. mayor in the primary. With a large majority of D.C. voters being registered as Democrats, no Republican or Statehood Green Party candidate has won election to public office in D.C. for at least the past 10 years or longer. No known LGBTQ Republican or Statehood Green Party candidate was on the ballot in the June 16 primary.
World
War, geopolitical tensions with U.S. overshadow Pride month events
Hungary’s new government has lifted Budapest Pride ban
Activists around the world are marking Pride month this year against the backdrop of war and geopolitical tensions with the U.S.
KyivPride on June 21 will hold its annual Pride march in the Ukrainian capital. The group, which is raising funds for the country’s air defense, on June 14 hosted KyivPride Park, an event that highlighted LGBTQ service members and veterans.
Russia in 2022 launched its war against Ukraine.
Oleksandr Demenko is the head of Ukrainian LGBT Military for Equal Rights. He also fought to defend Azovstal, a sprawling steel mill in Mariupol, a city in eastern Ukraine that Russian forces occupied after a months-long siege that ended on May 20, 2022.
Demenko in a KyivPride press release said that “almost no one talked about LGBTIQ+ servicemembers” before the war.
“Today we have our own platform, and every year more and more people are ready to speak openly,” he noted. “This is the best proof of how the country is changing.”
“When we talk about rights and equality, we are talking about specific people — service members who defend Ukraine. We carry out the same duties as everyone else, yet we still do not have the same rights,” added Demenko. “That is why it is so important that the state finally recognizes our families. On June 21, we will remind everyone of this at the KyivPride March.”
More than 100,000 people participated in Tel Aviv’s 28th annual Pride parade on June 12.
“Each year, we share a joyful day in Tel Aviv-Yafo,” said Tel Aviv Mayor Ron Huldai. “It is a day when we come to celebrate the society we strive to be: one where people are valued not for who they are, whom they love, where they fall on the spectrum, or the kind of family they choose to create.”
Tel Aviv authorities last year cancelled the parade, which was to have taken place hours after Israel launched airstrikes against Iran. Tehran, in turn, launched hundreds of missiles toward the Jewish State.
President Donald Trump on June 23, 2025, announced a ceasefire that ended the 12-day war.
Israel and the U.S. on Feb. 28 launched airstrikes against Iran. The Jewish State continues to carry out airstrikes against Hezbollah, an Iran-backed Shia militant group the U.S. and Israel have designated a terrorist organization, in Lebanon.
Reports indicate the U.S. and Iran this week are poised to formally sign a ceasefire agreement. Israeli Prime Minister Benjamin Netanyahu on Monday said his government would continue its efforts to prevent Iran from obtaining nuclear weapons.
Hamas militants on Oct. 7, 2023, killed roughly 1,200 people, including upwards of 360 partygoers at the Nova Music Festival, when they launched a surprise attack against Israel from the Gaza Strip. The militants also kidnapped more than 200 people.
A case that South Africa filed with the International Court of Justice accuses Israel of committing genocide against Palestinians in the Hamas-controlled enclave after Oct. 7.
Roma Pride organizers earlier this month banned two Jewish LGBTQ groups from having floats in their June 20 parade in the Italian capital because they refused to categorize the Israeli government’s post-Oct. 7 war in Gaza as a genocide. The decision has sparked outrage among Jewish organizations around the world.
“The participation of a float in Roma Pride therefore also assumes — regardless of the sexual orientation, identity, religion, ethnicity or nationality of the person you see — a clear and unequivocal position of condemnation of the genocide perpetrated by the Israeli government,” said Roma Pride in a May 26 statement. “The history of our republic is a history of resistance. The history of our movement is a history of resistance. Roma Pride, therefore, supports the right to exist and to resist (for) the Palestinian people oppressed by Israeli government’s criminal and genocidal conduct.”
Sipineq+, a Greenlandic LGBTQ rights group, organized its annual Pride parade that took place in Nuuk, the mineral-rich island’s capital, on June 13.
Trump since he took office for the second time has called for the U.S. to take control of Greenland, a self-governing Danish territory with a population of less than 60,000 people. Trump claims the U.S. needs to control the island in the Arctic Ocean between Europe and North America because of national security.
Cuba’s National Center for Sexual Education, a group that Mariela Castro, the daughter of former Cuban President Raúl Castro directs, last month held a series of events that commemorated the International Day Against Homophobia, Transphobia, and Biphobia.
The IDAHOBiT commemorations took place against the backdrop of widespread blackouts and a severe fuel shortage after Venezuela stopped oil shipments to Cuba after American forces seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, on Jan. 3. Federal prosecutors last month also indicted Raúl Castro over his alleged role in the 1996 shooting down of four planes that Brothers to the Rescue, a Miami-based Cuban exile group, operated over the Florida Straits that separate Cuba and the Florida Keys.
Raúl Castro, 94, was Cuba’s defense minister when the incident took place.
New Hungarian government lifts Budapest Pride ban
The Budapest Pride march will take place in the Hungarian capital on June 27, less than two months after Prime Minister Péter Magyar took office.
Hungarian lawmakers last year passed a bill that banned Pride events and allowed authorities to use facial recognition technology to identify participants. MPs later amended the Hungarian Constitution to ban public LGBTQ events.
More than 100,000 people defied the ban and participated in last year’s Budapest Pride parade. The event became one of the largest protests against then-Prime Minister Viktor Orbán and his government that Magyar and his center-right Tisza party ousted on April 12.
Hungarian police on May 29 announced they will allow the Budapest Pride march to take place.
“We will march freely in fresh air for our rights, for the democratic Hungary,” said Budapest Pride on its Facebook page.
Erika Hilton, a Black travesti and former sex worker who has been in the Brazilian Congress since 2022, is among those who spoke at the annual São Paulo Pride Parade that took place on the city’s Paulista Avenue on June 7. Reports indicate more than 1 million people took part in the event.
Equal Namibia will hold several events in the country.
The Namibian High Court in 2024 struck down Apartheid-era statutes that criminalized consensual same-sex sexual relations — the country gained its independence from neighboring South Africa in 1990. The Namibian Supreme Court the year before ruled the country must recognize same-sex marriages legally performed elsewhere.
Patrick Reissner, co-founder of Equal Namibia, on Monday told the Washington Blade the organization is preparing to file a marriage equality case. Reissner said two Equal Namibia staffers are planning to participate in this year’s World Pride, which will take place in Amsterdam from July 25-Aug. 8.
“By staying visible, engaging with the international (business) community, and pushing for more research in queer spaces — Namibian, regional, and continental — we hope to prove to our government that the economic and social costs of discrimination cause more damage, affect productivity, limit innovation, and hold back our nation’s investment attractiveness,” Reissner told the Blade. “Diversity and inclusion — across the board — are not only social values, but increasingly vital arguments in shaping our local economies for future generations.”
Netherlands to ban conversion therapy
Lewis George holds strong lead over McDuffie in D.C. mayor’s race
War, geopolitical tensions with U.S. overshadow Pride month events
Confronting homophobia at school
