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Pentagon announces implementation of spousal benefits for gay troops

Hagel memo delivers benefits in wake of court decision against DOMA

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Chuck Hagel, Department of Defense, Pentagon, gay news, Washington Blade
Chuck Hagel, Department of Defense, Pentagon, gay news, Washington Blade

Defense Secretary Chuck Hagel made final the implementation of troop benefits in a recent memo (Washington Blade file photo by Damien Salas).

The Pentagon announced on Wednesday the implementation of spousal benefits for gay service members following the U.S. Supreme Court decision against the Defense of Marriage Act — and plans to make these benefits available as soon as Sept. 3.

In a memo dated August 13, Defense Secretary Chuck Hagel announced service members in same-sex marriages will receive the same benefits for their spouses delegated to U.S. troops in opposite-sex marriages, and designated Sept. 3 as the a target date for implementation. These benefits includes health and pension benefits that were previously unavailable under DOMA as well as housing benefits, which the Pentagon had previously withheld.

“It is now the department’s policy to treat all married military personnel equally,” Hagel writes. “The department will construe the words ‘spouse’ and ‘marriage’ to include same-sex spouses and marriages, and the Department will work to make the same benefits available to all military spouses, regardless of whether they’re in a same-sex or opposite-sex marriage.”

The memo follows up on Hagel’s announcement at the end of June immediately following the Supreme Court decision against DOMA that the Pentagon would work to implement these benefits. Additionally, the memo culminates the effort announced in February to implement to provide benefits to gay troops that were available even under that law, such as military IDs and access to family services.

The document is along the lines of what the Associated Press reported last week that the Pentagon was preparing to make final for the implementation of benefits for gay troops.

As such, the memo retracts a previous pledge to allow troops in domestic partnerships to have certain benefits. Instead, it offers gay troops stationed in places without marriage equality leave to travel to another state to marry. The memo says the Pentagon will recognize same-sex marriages of service members even in states that don’t recognize same-sex marriage.

“This will provide accelerated access to the full range of benefits offered to married military couples throughout the Department and help level the playing field between opposite-sex and same-sex couples seeking to be married,” Hagel writes.

In a supplemental memo dated Aug. 13 also made public on Wednesday, Acting Under Secretary of Defense of Personnel & Readiness Jessica Wright lays out additional details for the rules governing gay troops seeking spousal benefits, citing the need for technical changes in current policy.

“Extension of benefits to same-sex spouses will require some policy revisions, and in the case of identification cards, technical upgrades as the Defense Enrollment Eligibility Reporting System currently does not authorize the issuance of an identification card to a spouse of the same gender,” Wright writes.

The Washington Blade reported last week that gay service members were unable to enroll for benefits through DEERS because it’s set up in a way that only facilitates opposite-sex marriages.

Wright also details the leave process for service members in same-sex relationships who are seeking to marry, saying non-chargeable leave will be granted for troops who are more than 100 miles away from a U.S. jurisdiction where same-sex marriage is legal.

According to the memo, if the service member is the stationed within the continental United States, the Pentagon will grant non-chargeable leave for a period of up to seven days. For a service members stationed outside the continental United States, the Pentagon will grant a leave period of up to 10 days.

“Extensions of this non-chargeable leave period for the convenience of the service member(s) will be charged to the member’s leave account,” Wright concludes. “Marriage leave may be granted only once during the career of a service member.”

Wright says troops will be entitled to these benefits retroactively to the date of the Supreme Court decision against DOMA on June 26, but claims to entitlement before that time “will not be granted.”

Praise for the implementation of these benefits came from Rep. Adam Schiff (D-Calif.,) a U.S. House member who has been vocal about providing them to gay service members.

“I am especially pleased that military personnel  based  in those states where same-sex marriage remains illegal will be offered leave to travel to a jurisdiction that permits same-sex marriage, and I look forward to the day when such travel is no longer necessary,” Schiff said. “Our military men and women sacrifice every day to defend freedom and equality around the world. The least we can do is make sure they enjoy that equality here at home.”

Expectations that the Pentagon would announce on Wednesday it the implementation of these benefits for troops with same-sex partners was first reported Tuesday evening by NBC News.

Stephen Peters, president of the LGBT military group known as the American Military Partners Association, responded to the NBC News report by praising the move as “a huge step forward.”

“The extension of equal benefits for all legally married spouses, regardless of sexual orientation, is a huge step forward for our families who for far too long have been excluded and cut off from support,” Peters said. “While this is a huge step forward in making sure our same-sex military spouses have equal access, we still have a long battle ahead of us in making sure all of our LGBT military families have equal protection in all 50 states.”

Not explicitly addressed in the memo is whether gay veterans would also have the same access to spousal benefits as their straight counterparts. Title 38 under U.S. code, which governs veterans benefits, defines spouse in opposite-sex terms independently of DOMA and related statutes look to the state of residence as opposed to the state of celebration to determine whether a couple is married. To extent to which gay U.S. troops will be eligible for veteran spousal benefits in the aftermath of DOMA is still unclear.

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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Virginia

Hashmi speaks at Equality Virginia Lobby Day

Lt. gov. is a vocal LGBTQ ally

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Virginia Lt. Gov. Ghazala Hashmi (YouTube screenshot)

Lieutenant Gov. Ghazala Hashmi on Monday opened Equality Virginia’s annual Lobby Day in Richmond.

The Lobby Day was held at Virginia’s Capitol and was open to the public by RSVP. The annual event is one of the ways that Equality Virginia urges its supporters to get involved. It also offers informational sessions and calls to action through social media.

Hashmi, a former state senator, has been open about her support for the LGBTQ community and other marginalized groups. Her current advisor is Equality Virginia Executive Director Narissa Rahaman, and the group endorsed her for lieutenant governor. 

Hashmi historically opposes anti-transgender legislation.

She opposed a 2022 bill that sought to take away opportunities from trans athletes.

One of the focuses of this year’s Lobby Day was protecting LGBTQ students. Another was protecting trans youth’s access to gender-affirming care.

Advocates spent their day in meetings and dialogues with state legislators and lawmakers about legislative priorities and concerns. 

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