News
Marriage equality in all 50 states?
Some say Obama’s post-DOMA decisions pushing country in that direction
President Obama is implementing the Supreme Court ruling against DOMA in a way that is speeding the pace toward national marriage equality. (Washington Blade file photo by Michael Key).
New policy decisions from the Obama administration in the wake of the Supreme Court decision striking down the Defense of Marriage Act are providing benefits for gay couples in a way that some observers say is advancing the pace toward national marriage equality.
In the months after the ruling in June, the U.S. government has announced historic decisions in affording the federal benefits of marriage to same-sex couples who are legally wed. Shortly after the decision, the U.S. Office of Personnel Management granted spousal health and pension benefits to gay federal employees, and just last week, the Pentagon announced it was implementing the benefits along the same lines for gay U.S. service members.
But to receive these benefits, gay couples must be in legal marriages as opposed to any other form of legally recognized relationship, such as civil unions or domestic partnerships. OPM announced in a series of memos in July couples in these unions aren’t eligible for federal benefits. And part of its rollout for same-sex spousal benefits, the Pentagon granted up to 10 days leave to allow same-sex couples to travel to a marriage-equality state to wed as opposed to honoring domestic partnerships for the purposes of benefits — retracting a pledge earlier in the year to provide them.
These changes mean gay couples living in the seven states that only offer civil unions or domestic partnerships — Colorado, Illinois, New Jersey, Oregon, Nevada, Hawaii and Wisconsin — will be left out in the cold in terms of federal benefits unless they travel to a marriage-equality state to wed and return. That doesn’t take into account rules for certain benefits — Social Security, taxes and family and medial leave — that for the time being extend only to legally married gay couples only if they currently reside in a state that recognizes their union and not to those who apply for them in non-marriage equality states.
The Obama administration’s insistence that gay couples be married to receive federal benefits is creating the policy that some observers say is leading the way toward national marriage equality by encouraging more states to adopt marriage rights for gay couples.
Lanae Erickson Hatalsky, a lesbian and director of social policy and politics for the centrist group known as Third Way, said this approach is an “organized way” to implement he Supreme Court’s decision against DOMA, but may also strategically advance marriage equality. In particular, she said it’ll demonstrate before the state courts hearing marriage equality litigation that civil unions aren’t marriage under the law.
“I think that’s pretty smart for state litigation purposes and also for ease of administration,” Erickson Hatalsky said. “The more we continue to make kind of a second-class status available at the federal level, the harder it’s going to be to take that step to what we all know is the goal. So, I think this is a pretty strategic way to kick things in that direction, whereas if you offer essentially a federal domestic partnership or civil unions, it undermines some of those arguments for why we do need marriage.”
In addition to battling for marriage equality in state courts in New Jersey, New Mexico and Illinois, LGBT advocates are pushing ahead with the legislative route for marriage equality in numerous states.
In New Jersey, advocates are seeking to overturn Gov. Chris Christie’s veto, and in Illinois, there’s a push underway to pass same-sex marriage legislation in the State House before the extended legislative session ends on Aug. 30. Lawmakers in Hawaii have also recently also met about passing marriage equality in the Aloha State. Each of these states already has civil unions.
Dan Pinello, who’s gay and a political scientist at the City University of New York, said the Obama administration’s decision to grant benefits only to legally married couples provides an incentive for lawmakers in these states to legalize same-sex marriage.
“The practical political effect of limiting federal benefits to legally married same-sex couples will be substantially to increase the pressure on states like Illinois and New Jersey to embrace marriage equality fully,” Pinello said.
But the prevailing notion among observers is that the Obama administration is extending benefits only to married gay couples because the Windsor decision allotted for that change and any push toward national marriage equality as a result of that implementation is incidental.
Richard Socarides, a gay New York attorney who was an LGBT adviser for former President Clinton, said he thinks the Obama administration is not intending to advance same-sex marriage or to undermine civil unions through its implementation of the DOMA decision.
“Probably neither intentionally,” Socarides said. “Just doing what they think is legally appropriate.”
CUNY’s Pinello similarly said the Obama administration had little room in the way it’s implementing the decision because the majority opinion made no mention of civil unions.
“I don’t think that the Obama administration has much choice in the matter, because Justice Anthony Kennedy’s majority opinion in U.S. v. Windsor explicitly limits the Court’s decision to marriages,” Pinello said. “Civil unions and domestic partnerships aren’t within the holding of the ruling.”
Asked whether the administration had intended to advance marriage equality through its implementation of the DOMA ruling, a White House official, speaking on condition on anonymity, said the administration “is working to implement the Supreme Court’s ruling in compliance with the law.”
“The president has directed the attorney general to work with the Cabinet to review all relevant federal statutes to ensure this decision and its implications for federal benefits and obligations are implemented swiftly and smoothly,” the official added.
Still, the administration’s method of enhancing marriage rights for gay couples is a drastic change from President Obama’s declaration as a candidate in 2008 that civil unions “represent the best way to secure that equal treatment,” a position he held before evolving to embrace marriage equality last year.
And implementing the DOMA decision only for married couples doesn’t explain why the Pentagon withdrew domestic partners benefits after pledging to implement them in February. Defense Secretary Chuck Hagel said in the memo last week announcing the implementation of the benefits that domestic partnership benefits are “no longer necessary to remedy the inequity that was caused by Section 3 of the Defense of Marriage Act.”
Christie says couples in civil unions should receive fed’l benefits
Gov. Chris Christie (R-N.J.) (Washington Blade photo by Michael Key)
Meanwhile, at the other end of the spectrum is Chris Christie, whose recent brief in the New Jersey lawsuit seeking marriage equality, known as Garden State Equality v. Dow, contends civil unions within New Jersey should be included among the unions to which the federal government awards benefits. The argument is made in a brief arguing that the court shouldn’t grant summary judgment in favor of marriage equality in New Jersey.
“The examples are endless,” the brief states. “Suffice it to say that a sizable, but indeterminate, number of the over 1,000 benefits and responsibilities that were inapplicable to civil union couples because of DOMA are now available to them because they are spouses, husbands, wives, widows or widowers under New Jersey law.”
Arguably, his attorney’s brief is shifting the debate another way by encouraging the expansion of civil unions in its argument that states with civil unions should be rewarded with the federal benefits of marriage.
Gregory Angelo, executive director of Log Cabin Republicans, refuted the assertion of his organization’s sometime ally Christie, saying says marriage equality is the way to go in New Jersey and would clear up any confusion about awarding federal benefits of marriage in the state.
“Civil unions are not the same as civil marriage,” Angelo said. “In the wake of the DOMA decision we said that the focus was going to be on the states and that’s where we’re focused. The Obama administration’s decision to grant federal marriage benefits to gay couples also shows that there are gray areas emerging since the Court overturned Section 3 of DOMA. The best, cleanest, strongest way to ensure benefits is through legislative action.”
Plans are also set for a legislative fix to ensure that couples in domestic partnerships and civil unions can receive certain federal benefits. Rep. Linda Sanchez (D-Calif.) earlier this month introduced the Social Security Equality Act, which in addition to clarifying that married gay couples nationwide should receive Social Security benefits would also ensure they flow to couples in civil unions.
Additionally, Rep. Mark Pocan (D-Wis.) is expected to soon reintroduce the Domestic Partnership Benefits & Obligations Act — and the new version, according to a House aide in his office, is slated to provide gay federal employees in civil unions or domestic partnerships, like those in Wisconsin, with the federal benefits of marriage.
As this discussion is underway, the Human Rights Campaign is arguing that the federal benefits of marriage in some circumstances — notably Social Security benefits — should be available to gay couples in civil unions if they’re living in a state that recognizes them as spouses.
Michael Cole-Schwartz, an HRC spokesperson, said his organization is pursuing a dual track advocating for marriage equality in all 50 states as it pushes for federal recognition of civil unions for certain benefits.
“Under most federal laws, benefits are designed to flow to married couples, which is why civil unions and domestic partnerships have always been insufficient,” Cole-Schwartz said. “The issue is that marriage needs to be available to couples in every state so that no couple is denied recognition from the federal government. However there are cases where if a state recognizes a member of a civil union as a spouse under state law, federal benefits can flow to that person. We are advocating that those benefits be available to couples in civil unions and we await further guidance from federal agencies as to their plans for those situations.”
Politics
Log Cabin Republicans remove transgender rights from mission
Decision made after ‘significant discussion’ with members, board
Log Cabin Republicans, an organization that formerly represented LGBTQ conservatives, has removed advocating for transgender and queer rights from its “renewed” national advocacy focus.
In an opinion piece written by Log Cabin Republicans President Ross Hemminger for the conservative media outlet Town Hall, he announced that trans rights would no longer be part of what the organization advocates for through conservative leadership and candidates.
In his piece, Hemminger wrote that after “significant discussion” with members and Log Cabin Republicans’ board of directors, the organization’s leadership voted to “refine Log Cabin Republicans’ national advocacy focus to concentrate specifically on issues of sexual orientation and conservative values,” a focus that does not include trans people.
“We have fought for the right to legally marry who we love, serve our country and our communities openly and proudly, and to enjoy the same inalienable rights afforded to all law-abiding Americans — and we succeeded,” Hemminger wrote. “However, the new era of gender identity politics is not the movement we supported and fought for. Gay men and women are losing public support across the country, and support for gay marriage and other once-widely accepted rights is eroding. Why? Because many voters today weren’t alive or cognizant of the politics of gay marriage winding its way through the courts and gaining ground in public opinion. Their view of the gay community is based on today’s radical transgender activists with their unnecessary and discomfiting focus on America’s youth.”
Hemminger then went on to argue that trans advocacy has shifted to focusing primarily on minors — a characterization that does not reflect the breadth of issues trans advocates address.
“They push schools to teach radical gender ideology; they want biological men in women’s sports regardless of the consequences; perhaps most offensively, they support gender reassignment treatments for minors, often without the knowledge or consent of the parents, knowing full well these treatments are mostly irreversible,” he wrote.
Hemminger and many right-wing political leaders have continued to assert this false reality as fact.
A Harvard-affiliated study found approximately 2.1 gender-affirming surgeries occur per 100,000 trans and gender-diverse minors diagnosed with gender dysphoria, underscoring how uncommon these procedures are among minors. In addition to the option of surgery for those who think it’s right for them, there is an array of other medically sound options to treat gender dysphoria, which according to KFF, an independent source for health policy research and polling, includes “medical, surgical, mental health, and non-medical services for transgender and nonbinary people.”
Additionally trans advocacy is not as narrow as Hemminger makes it seem in his opinion piece.
There are a slew of issues the trans community faces — and fights for — on a daily basis that have nothing to do with healthcare. Those include obtaining government documents that accurately reflect one’s gender identity, multiple elements of family law that include the right to marry and adopt children as straight couples can, protections from violence, hate crime protections, the right to serve in the military, access to bathrooms corresponding with their gender, and the right to education.
Despite the overwhelming number of issues trans people — regardless of political affiliation — have to struggle with as a result of systemic gaps in protections that are supposed to be afforded to everyone under the law, they remain vulnerable to unequal treatment.
Despite this shift, Log Cabin Republicans has committed to standing with the Republican Party rather than LGBTQ people as a whole. The organization was initially founded as a loosely connected network of local California social clubs made up of LGBTQ conservatives in the late 1970s before eventually emerging as a national political organization in the early 1990s under its founding executive director, Rich Tafel.
As the organization continued to gain momentum, it endorsed a handful of Republicans who voted against the Respect for Marriage Act, the 2022 law that federally recognized marriage equality for same-sex couples.
The Washington Blade reached out to Log Cabin Republicans for comment but did not hear back by the time of publication.
Delaware
Democrat Maureen ‘Mo’ Madden takes on longtime GOP stronghold in Delaware’s 38th
Out lesbian candidate for state House focused on infrastructure needs, voting rights
Democrat Maureen “Mo” Madden is running for the Delaware House of Representatives in the 38th District, seeking to win a seat that has been held by Republicans for more than two decades.
The race opened up after Republican state Rep. Ron Gray announced in April that he would not seek reelection after seven terms in the General Assembly.
Gray was first elected in 2012 and represents communities including Bethany Beach, Fenwick Island, Selbyville and Ocean View. Madden, a Dagsboro resident, filed to run for the seat in 2025.
Madden is a retired federal civil servant who spent nearly 23 years at NASA and more than seven years at the National Oceanic and Atmospheric Administration. She holds a master’s degree in physics and previously worked in leadership at NOAA.
She said her professional experience taught her the importance of working collaboratively, something she believes would translate to the legislature.
“Advocating, negotiating, and collaborating are all skills that a legislator needs,” she said. “You learn to collaborate. You learn to negotiate. You learn to advocate for your budget, for your team, and for your projects.”
Madden said her decision to run began after she and her wife moved to the area and she noticed the lack of Democratic candidates on the ballot in her district.
“Somebody’s got to do it, and I’ve got time. I’m retired,” said Madden.
She acknowledged the difficulty of running as a Democrat in the district, which has been represented by Republicans since 2002.
Madden said one of the biggest concerns she hears from residents is the rapid growth of Sussex County.
“We have a massive amount of growth and a massive amount of development,” said Madden.
Madden said the growth has placed additional pressure on roads, schools, emergency services, as well as water and sewer infrastructure.
“We need to find a way to bring more money down here for the school system and for the infrastructure that we need,” she said.
She also raised concerns about the impact of new developments on existing neighborhoods, particularly in regard to flooding and drainage.
“Something needs to be done,” said Madden.
Madden also pointed to climate change as a factor affecting the region.She said the state will need to work on both addressing development and preparing communities for increasingly severe weather.
“We have to work both sides of it,” Madden said.
Madden said improving infrastructure would be a priority if she is elected, particularly roads and other infrastructure that affect residents’ daily lives.
“I want to increase the safety of my neighbors,” she said.
Madden also said she wants to address infrastructure needs related to water and sewer service, as well as the availability of health care in the rapidly growing coastal region.
Madden said protecting voting rights would be another priority in the legislature.
“The right to vote is one of the biggest things that we have here in a democracy,” she said.
She said that she supports early voting, mail-in voting, and same-day registration, as well as restoring voting rights to people who have completed felony sentences.
“You should not lose a constitutional right because you’ve been in jail,” said Madden.
“Protecting the right to vote is how I will defend democracy when I get to the state House,” she said.
Madden said she would also support efforts to enshrine certain rights in the Delaware Constitution, including reproductive rights, voting rights, and the right to marriage.
“Those three protections of our freedoms that are right now under attack need to be more secure in the Delaware State Constitution,” she said.
As an openly lesbian candidate, Madden said LGBTQ+ rights are important to her, particularly the treatment of young transgender people.
She said she is concerned about efforts to restrict transgender students’ participation in sports and other policies affecting transgender people.
“They are picking on the most vulnerable of the most vulnerable,” said Madden.
She said she hopes voters will view LGBTQ+ people as part of their communities rather than as fundamentally different from their neighbors.
“We’re your neighbors. We’re your friends. We’re your family,” she said.
Madden will face Republican Carlie Carey in the general election on Nov. 3.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
It is exciting to write about Nick Tsusaki, the founder and owner of Spark Social, 2009 14th St., N.W. Tsusaki just announced the official opening, on Sunday, Aug. 23, of a new daytime event, called Spark Coffee Club, a great opportunity to meet up with friends, or meet new ones. It is in partnership with Go Gay DC and runs 12-1 p.m., every Sunday. If you are new to D.C., you can browse more than 180 local LGBTQ+ community groups Tsusaki has listed on the community tab of his website: spark-dc.com/community.
“I’ve been out for most of my life, but it wasn’t until I started working in queer spaces, surrounded by queer people, that I really felt proud, even lucky, to be gay,” he said. “I hope Spark is a place where more people come to that same realization.”
Tsusaki went to Georgetown for his undergraduate studies, and spent four years doing Navy ROTC, then went into the Navy. He told me, “Town was the first gay bar I ever went to. It was always such a liberating and euphoric experience, I knew I wanted to come back to D.C. permanently, after the Navy.”
During his eight years in the Navy, Tsusaki spent time in among other places, Bahrain, and Korea. He was D.C. operations manager, where he managed large, diverse teams, across multiple countries, supervising logistics, scheduling, safety protocols, and daily operational readiness. He also directed emergency response and crisis management operations, including White House support, COVID-19 response planning, and major safety and security protocols protecting tens of thousands of personnel.
Tsusaki recounted, “When I left the Navy in 2023, I applied to every gay bar in the city. Fortunately, Shakers, was just opening at that time, and I started as a barback on the opening team. My appreciation for the D.C. LGBTQ+ community, and LGBTQ+ spaces only grew as I worked with and met some of the most hilarious, talented, proud, diverse, and supportive people in my life. After just a year in the industry, my passion had grown so strong I decided I wanted to open my own venue.”
Tsusaki then built Spark Social, and now supervises a 20-person team across café, bar, retail, and nightlife operations, ensuring strong safety standards, clear procedures, and consistent guest experience. He has developed a deeply trusted neighborhood presence through strong community partnerships, resulting in a 4.9 Google rating with 120+ reviews. He created an innovative 1-for-1 cocktail menu offering alcoholic and non-alcoholic options, with equal quality and presentation, and promotes an inclusive nightlife for non-drinkers. He has established Spark as a unique market leader in LGBTQ+ hospitality, combining daytime café culture, with late-night programming, and community-centered events. So, whether you go for the new community coffee hour on Sundays, or any other time, Spark Social is a place where you will feel comfortable.
Tsusaki earned his bachelor’s of science degree in foreign service, Georgetown University; and master’s in business analytics from the University of Virginia, Darden School of Business.
Log Cabin Republicans remove transgender rights from mission
Not all trans people are the same
Queer team brings girl power to fully baked ‘The Wrong Girls’
Democrat Maureen ‘Mo’ Madden takes on longtime GOP stronghold in Delaware’s 38th
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