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.”
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Congratulations to Jaime Christopher Pierce on their appointment to serve as a member of the Virginia Governor’s LGBTQ+ Advisory Board. Pierce was sworn in on Sept. 3 by Greg Parks, clerk of the Alexandria Circuit Court.
Pierce currently serves as vice chair of the Alexandria City LGBTQIA+ Task Force and as a member of the Alexandria Pride planning committee. They previously served on the board of directors of Equality Virginia.
Upon being sworn in, Pierce said, “Public service has been a central part of my life for more than 30 years, and this appointment gives me an opportunity to serve the Commonwealth in a different and very personal way. My career has allowed me to work with people and communities throughout Virginia, and I hope to bring that experience, along with my own lived experience and my involvement in the LGBTQ+ community, to the work of the Board.” They added, “Having Greg administer the oath makes the occasion even more meaningful because of his own historic role as Virginia’s first openly gay elected circuit court clerk.”
Pierce also serves as Circuit Court Services Manager for the Department of Judicial Services, at the Office of the Executive Secretary of the Supreme Court of Virginia. They began their career in Virginia’s judiciary in 1994 as a deputy clerk with the Virginia Beach Circuit Court and have since held several professional and leadership positions within the court system. Pierce is a member of the National Association for Court Management (NACM) and the Mid-Atlantic Association for Court Management. At the national level, Pierce participated in the workgroup that developed the National Association for Court Management’s Diversity, Equity, and Inclusion Guide, a resource designed to help court professionals advance inclusive practices and strengthen access, fairness and belonging within the justice system.
Pierce earned a degree in Criminal Justice from Liberty University, and a certificate in Paralegal Studies from Norfolk State University.
National
Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090
Eligibility for same-sex partner survivors remains unclear
As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011.
Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed.
Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.
“Twenty-five years since that day, the September 11th Victim Compensation Fund has served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.
In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”
LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.
Nicole Nava, a VCF spokesperson, told the Washington Blade she would inquire into whether same-sex couple surviving partners were being supported under the VCF program in more recent years.
She said under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.
“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.
The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment.
A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.
In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.
“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.
She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed. Those requirements are separate from the less clearly defined criteria for same-sex couple victim survivor eligibility.
“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”
The VCF website, which has additional detailed information, can be accessed at www.vcf.gov.
Politics
Ind. prosecutor declines to press charges over false Buttigieg child welfare complaint
Former Biden-Harris Cabinet member declined to comment on decision
An Indiana prosecutor has declined to file criminal charges against a woman who made a false child welfare complaint against Pete Buttigieg.
Buttigieg, the former transportation secretary in the Biden-Harris administration, was accused in June of posing a threat to his children via an anonymous call to police that resulted in him being temporarily separated from his four-year-old twins.
Marshall County Prosecuting Attorney E. Nelson Chipman Jr. opted not to pursue charges against the Alabama woman who filed the false child welfare claim against the Democratic political figure while she was in Marshall County.
According to ABC 57, the television station in South Bend that published a letter from Michigan State Police to Indiana State Police, the 50-year-old woman, identified only as TJ of Alabama, was responsible for the “brief and intrusive investigation” into Buttigieg and his family.
In the letter to Indiana State Police, Michigan State Police described TJ’s documented alcoholism and other chemical dependencies, as well as hallucinations and delusional thinking. The prosecutor also noted that TJ has self-identified as God and claims to hear voices only she can hear.
The letter from Michigan State Police to Indiana State Police states:
“Your investigation reveals that TJ, 50 years old, has a documented history of alcohol abuse and has experienced numerous treatment facilities and programs for alcoholism and other chemical dependency over the years. Further, TJ has a long history of mental illness, manifested by hallucinations and delusional thinking which includes frequently responding to voices only she hears and grandiose ideation including self-identifying as God. She frequently reports she has enjoyed an evening meal with Barack and Michele Obama.
TJ is from Alabama. During her relatively short stay here, TJ was able to generate three separate police encounters that resulted in reports, one of which resulted in TJ’s arrest for domestic battery. I note her BAC in that case was reported at .323. I also note one of the three early reports was based upon TJ’s claim of herself being a victim of sexual abuse at the age of 3 by her mother some 47 years prior. Her explanation for such a delayed report was incoherent.
As you found out, TJ returned to Alabama and took up residence in a treatment facility only to be soon evicted for a rule violation. She currently resides in a half-way house near Alabama, with very limited mental health treatment options available. I note TJ’s abusive and harassing attitude has resulted in restricting only somewhat her access to a telephone, and that she continues to have access to computers at the facility. Obviously she may still have the ability to file additional complaints. No doubt a regrettable situation.
In light of the totality of circumstances, I am unable to conclude that TJ is capable of forming the requisite intent to support a criminal conviction for this offense. Accordingly, this office will not be filing a criminal case in this matter.
Thank you, as always, for a thorough investigation and cogent report.
Stay safe.
Best regards,
E. Nelson Chipman, Jr.
Marshall County Prosecuting Attorney”
When the situation first arose in June, Buttigieg opened up about the experience via his Substack, where he described the situation as one of the worst things that has ever happened to his family — one that resulted in him being separated from his twins, Joseph August “Gus” and Penelope Rose, for their safety.
“The caller said that he had spoken to a woman who claimed to have met me at a conference several years ago in Alabama, where she said I told her that I had committed unspeakable violent crimes, and the caller believed my children were still at risk,” Buttigieg wrote in a post he titled “A Terrible Thing Happened to My Family.” “I am a reasonable man. I try to keep as calm and low-key as possible. But I cannot describe the mix of rage and sadness that I feel at the idea that someone brought our children into this.”
A Buttigieg spokesman declined to comment on the prosecutor’s decision not to pursue charges, but did tell the Washington Post in a statement: “This has been a painful and infuriating situation for the family. They are in touch with Michigan authorities, seeking answers and accountability for what happened.”
In response to the story Buttigieg shared on his Substack, Kelley Robinson, president of the Human Rights Campaign, released the following statement:
“I know how I would feel if someone tried to come between me and my kids. This is truly bottom-of-the-barrel stuff. It takes an awful, hateful person to question someone’s fitness as a parent just because of who they are, who they love, or in Sec. Buttigieg’s case, perhaps even who he speaks out against politically. We’re thinking of Pete, Chasten, and their whole family in this moment — and we aren’t resting until all LGBTQ+ families have the kind of safety and justice every one of us deserves.”
The Washington Blade reached out to Michigan State Police after the story initially broke to ask if any disciplinary action would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. After filing a FOIA request, the Blade was denied access to any additional information.
Comings & Goings
LGBTQ Military Happy Hour set for Sept. 15
Calendar: September 11-17
Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090
Ind. prosecutor declines to press charges over false Buttigieg child welfare complaint
Blade Foundation to host fundraiser in Rehoboth on Sept. 12
New book examines fashionista Audrey Smaltz’s fabulous life
Actress takes on bisexual ‘Ma’ Rainey in new Round House production
Iceland implements gender-neutral blood donor rules
Everton Blair makes history as first openly gay congressman from Ga.
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Out & About4 days agoBlade Foundation to host fundraiser in Rehoboth on Sept. 12
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