Politics
Veterans benefits for gay married couples still denied
Shinseki endorses passage of legislation to address issue

Tracey (left) & Maggie Cooper-Harris have sued to received veterans benefits that were denied under Title 38 (Blade file photo by Michael Key).
Gay married couples are still barred from receiving veterans spousal benefits at this time despite the court ruling against the Defense of Marriage Act, according to a letter from the Department of Veterans Affairs that was obtained Tuesday by the Washington Blade.
In a letter dated Aug. 14, Secretary of Veterans Affairs Eric Shinseki says gay veterans are currently unable to receive the federal benefits of marriage because of Title 38, a portion of the U.S. code governing veterans benefits that defines spouse in opposite-sex terms independent of DOMA.
“Certain provisions in title 38, United States Code, define ‘spouse’ and ‘surviving spouse’ to refer only to a person of the opposite-sex,” the letter states. “Under these provisions, a same-sex marriage recognized by a State would not confer spousal status for purposes of eligibility of VA benefits. Although the title 38 definition of ‘spouse’ and ‘surviving spouse’ are similar to the Defense of Marriage Act (DOMA) provision at issue in United States v. Windsor, no court has yet held the title 38 definitions to be unconstitutional.”
Shinseki’s letter continues to say that the Department of Veterans Affairs is still working with the Department of Justice “to assess the impact of the Windsor decision on the continued constitutional viability” of Title 38’s and VA’s obligations with respect to those statutes.
An earlier version of this article said the Obama administration had made a determination in the wake of the DOMA decision that gay couples are ineligible for these benefits. Josh Taylor, a VA spokesperson, said the review is ongoing.
“No decisions on benefits have been made at this point,” Taylor said. “We’re working with DOJ to assess Title 38 after the ruling and no conclusions have been drawn from that yet.”
However, the letter does indicate that a gay couple that marries in one state, travels to another that doesn’t recognize the union won’t be able to receive veterans benefits if they apply for them there.
“You also inquired about VA’s ability to recognize a marriage based on its validity in the state of celebration, without regard to the laws of state of residence,” Shinseki says. “A same-sex spouse whose marriage to a Veteran was valid in the state where the parties resided at the time they entered the marriage would not meet the definition under [Title 38] for purposes of VA benefits.”
Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said an update to the law is needed to ensure full equality even in the aftermath of the DOMA ruling.
“The end of section 3 of DOMA unfortunately does not mean all married same-sex couples are fully equal in the eyes of the federal government no matter where they live,” Cole-Schwartz said. “We believe there is more work the administration can do to faithfully interpret the Windsor ruling in an expansive manner but as we have said before, Congressional action is needed to ensure all married couples are treated equally in all ways.”
Some of the spousal benefits allocated under Title 38 are disability benefits, survivor benefits and joint burial at a veteran’s cemetery. U.S. Attorney General Eric Holder announced last year that Title 38’s restriction of benefits to opposite-sex couples is unconstitutional and the Obama administration won’t defend the law in court against challenges seeking benefits for same-sex couples.
As noted in the letter, lawsuits seeking to overturn Title 38’s prohibition on veterans benefits for same-sex spouses are Cooper-Harris v. United States, filed by the Southern Poverty Law Center, McLaughlin v. Panetta, filed by the group now known as OutServe-SLDN, and Cardona v. Shinseki.
Shinseki’s letter was in response to an inquiry from Sen. Jeanne Shaheen (D-N.H.), who made the Obama administration’s letter public on Tuesday. She’s the co-sponsor of the Charlie Morgan Act, a bill that would change U.S. code to ensure gay veterans in legal same-sex marriages can receive spousal benefits.
In a statement, Shaheen explains why the situation with Title 38 demonstrates the need for Congress to pass her legislation.
“We need to pass the Charlie Morgan Act to bring Department of Veteran Affairs benefits policy in line with the Supreme Court’s ruling striking down DOMA,” Shaheen said. “I’m committed to making this happen. Every individual who serves in uniform deserves access to the benefits that they’ve earned and rightfully deserve. We can’t tolerate this type of discrimination, especially in the aftermath of a historic Supreme Court ruling that declared the Defense of Marriage Act unconstitutional.”
There’s already been some movement on the bill. On July 24, the Senate Committee on Veterans’ Affairs reported out the Charlie Morgan Act by voice vote to the Senate floor.
Jeremy Johnson, co-chair of the newly formed LGBT military group SPART*A, said the onus is on the Obama administration to work to change the law if that’s what’s necessary.
“The need for change has been identified,” Johnson said. “If Mr. Shinseki’s staff has determined it is not within his department’s legal authority to change policy in a way that reflects the spirit and intent of the Windsor decision, it is incumbent upon him, as the leader charged with ensuring all veterans receive equal opportunity for the care and benefits provided by the VA, to work with the President and call upon Congress to make the necessary change to the law without delay.”
Shinseki concludes the letter by saying the Obama administration supports passage of the Charlie Morgan Act and is prepared to enact changes to the law if required.
“VA supports enactment of your bill, S. 373, the Charlie Morgan Spouses Equal Treatment Act of 2013, to remove the requirement that a Veteran’s “spouse” or “surviving spouse” be a person of the opposite sex,” the letter states. “Should the title 38 spousal definitions be revised or determined to be unconstitutional, VA will be prepared to update its policies and systems in a timely manner and ensure that the delivery and quality of Veteran’s benefits remain at the highest standards.”
CORRECTION: An earlier version of this article stated the VA had already made a determination that gay married veterans wouldn’t be able spousal benefits under Title 38. The Blade regrets the error.
Politics
Rep. Grijalva reiterates LGBTQ support at swearing in
‘That’s what the American people expect us to do — fight for them’
Adelita Grijalva, Arizona’s new 7th District representative, was sworn into Congress last week, vowing to hold the Trump–Vance administration accountable and to protect LGBTQ rights.
Grijalva becomes the first Latina ever to represent the state of Arizona.
Her swearing in was delayed by a record 50 days because she vowed to be the deciding House vote in favor of a discharge petition to release the Epstein files, although House Speaker Mike Johnson blamed the delay on the federal government shutdown.
She began her speech by honoring her late father, Raúl Grijalva, who represented the same district until his death earlier this year.
“I rise today, the proud granddaughter of a bracero – a hard-working Mexican immigrant who came to this country with hope for a better life,” said Rep. Grijalva. “And I stand as the proud daughter of a U.S. congressman – a man who spent his entire life fighting for justice, equity, and dignity for the most vulnerable. From working as a vaquero, to serving in Congress in just a single generation – that is the promise of this country.”
During her swearing-in remarks, she referenced the slew of issues surrounding her election — most notably the release of the Epstein files, her support for immigrants, and her support of the LGBTQ community, especially trans people, as rhetoric from the Trump–Vance administration has increasingly vilified them.
“What is most concerning is not what this administration has done, but what the majority in this body has failed to do: hold Trump accountable as the co-equal branch of government that we are.”
“We need to fight for our immigrant communities and veterans. We need to stand up for our public schools, children, and educators. We need to respect tribal sovereignty and our environment. We need to stand up for LGBTQ+ rights. Because that’s what the American people expect us to do — fight for them. That is why I will sign the discharge petition right now to release the Epstein files, because justice cannot wait another day. Adelante mi gente. Muchas Gracias!”
This sentiment echoes what she told the Blade in an exclusive interview earlier this month, in which she emphasized that speaking up for the most marginalized is part of her duty as a representative.
“Trans rights are human rights. That’s it,” she said firmly. “When I say I’ll speak up for those who don’t feel they have a voice, I mean everybody — especially people who’ve been pushed to the margins.”
Politics
Pro-trans candidates triumph despite millions in transphobic ads
Election results a potential blueprint for 2026 campaigns
Activists and political observers say the major Democratic victories on the East Coast last week prove anti-transgender attacks are no longer effective.
Democrats in Virginia, New Jersey, and New York who defended transgender rights directly — Abigail Spanberger, Mikie Sherrill, and Zohran Mamdani — won decisively, while Republicans who invested millions in anti-trans fearmongering were rejected by voters.
This contrasts sharply with the messaging coming out of the White House.
The Trump-Vance administration has pursued a hardline anti-trans agenda since taking office, from attempting to ban trans military members from serving to enforcing bathroom and sports bans. But this winning strategy may not be as solid for their voters as it once seemed.
The Washington Blade attended a post-election meeting hosted by the Human Rights Campaign, where LGBTQ advocates and political leaders reflected on the results and discussed how to build on the momentum heading into 2026 — as the Trump-Vance administration doubles down on its anti-trans agenda.
Among those on the call was U.S. Rep. Sarah McBride (D-Del.), the first openly trans person ever elected to Congress. Having run one of the nation’s most visible pro-trans campaigns, McBride said voters made their priorities clear.
“Voters made clear yesterday that they will reject campaigns built on hatred. They will reject campaigns that seek to divide us, and they will reject candidates that offer no solutions for the cost-of-living crisis this country is facing.”
McBride cited the Virginia governor’s race as a clear example of how a candidate can uplift trans people — specifically when their opponent is targeting kids — but also refocus the conversation on topics Americans truly care about: the economy, tariffs, mortgage rates, and the preservation of democracy.
“We saw millions of dollars in anti-trans attacks in Virginia, but we saw Governor-elect Spanberger respond. She defended her trans constituents, met voters with respect and grace, and ran a campaign that opened hearts and changed minds,” McBride said.
“That is the future of our politics. That is how we win — by combating misinformation, caricatures, fearmongering, and scapegoating.”
She added that the elections in Virginia, New Jersey, and New York offer a “blueprint” for how Democrats can effectively respond to GOP attacks and win “in the face of hatred.”
“When you dive into the data and you look in New Jersey, Virginia — you see the progress that pro-equality candidates have made in urban, suburban, and rural communities, among voters of every background and identity,” McBride said. “You see that we can compete everywhere … When we perform a politics that’s rooted in three concepts, we win.
“One is a politics of affordability — we prioritize the issues keeping voters up at night, the cost-of-living crisis. Two, we are curious, not judgmental — as candidates, we meet people where they are, hold true to our values, but extend grace so people can grow. And three, we root our politics in a sense of place.”
“All of these candidates were deeply committed to their districts, to their state, to their city,” she continued. “Voters responded because they were able to see a politics that transcended partisanship and ideology … about building community with one another, across our disagreements and our differences. When we as pro-equality candidates embody that type of politics — a politics of affordability, curiosity, and community — we win.”
Human Rights Campaign President Kelley Robinson echoed McBride’s sentiment — once again moving away from the bogeyman Republicans have made trans children out to be and refocusing on politics that matter to people’s everyday lives.
“Anti-trans extremists poured millions into fearmongering, hoping cruelty could substitute for leadership — and once again, it failed,” Robinson said. “Fear can’t fill a prescription. Division doesn’t lower rent or put food on the table. Voters saw through the distraction.”
Robinson then detailed how much money Virginia Lt. Gov. Winsome Earle-Sears, the Republican who challenged Spanberger, spent on these ads — showing that even with money and a PAC standing behind her (like the Republican Governors Association’s Right Direction PAC, which gave her $9.5 million), success isn’t possible without a message that connects with constituents.
“In Virginia, Abigail Spanberger made history defeating Winsome Earle-Sears and more than $9 million of anti-trans attack ads. She didn’t flinch. She didn’t hide from her values. She led with them — and Virginians rewarded that courage.”
Equality Virginia Executive Director Narissa Rahaman went into further detail on how the Republican nominee for Virginia’s governor leaned into transphobia.
“Winsome Earle-Sears spent more than 60 percent of her paid media budget attacking transgender kids — an unprecedented amount — and it failed.”
Rahaman continued, saying the results send a message to the whole country, noting that only 3 percent of voters ranked trans issues as a top concern by the end of October.
“Virginia voters sent a resounding message that anti-trans fearmongering is not a winning strategy — not here in Virginia, and not anywhere else,” Rahaman said. “Candidates who met these attacks head-on with messages rooted in freedom, safety, and fairness saw overwhelming success. Attacking transgender youth is not a path to power. It is a moral dead end — and a political one too.”
Virginia state Del. Joshua Cole (D-Fredericksburg), who was also on the call, put it bluntly:
“Republicans have now become champions of campaigning on bullying kids — and we saw last night that that was a losing tactic.”
“Virginians came out en masse to say we believe in protecting our neighbors, protecting our friends — and standing up for everybody.”
That message rang true well beyond Virginia.
In New Jersey, Rep. Mikie Sherrill pushed back against GOP efforts to weaponize trans issues, telling voters, “When you really talk to people, they have empathy. They understand these are kids, these are families, and they deserve our support.”
And in New York, state Assemblymember Zohran Mamdani released a pre-election ad honoring trans liberation icon Sylvia Rivera, declaring, “New York will not sit idly by while trans people are attacked.”
Former Vice President Dick Cheney died of complications from pneumonia and cardio and vascular disease, according to a family statement released Tuesday morning. He was 84.
Cheney served as vice president under President George W. Bush for eight years and previously as defense secretary under President George H.W. Bush. He also served as a House member from Wyoming and as White House chief of staff for President Gerald Ford.
“Dick Cheney was a great and good man who taught his children and grandchildren to love our country, and to live lives of courage, honor, love, kindness, and fly fishing,” his family said in a statement. “We are grateful beyond measure for all Dick Cheney did for our country. And we are blessed beyond measure to have loved and been loved by this noble giant of a man.”
Cheney had a complicated history on LGBTQ issues; he and wife Lynne had two daughters, Liz Cheney and Mary Cheney, who’s a lesbian. Mary Cheney was criticized by LGBTQ advocates for not joining the fight against President George W. Bush’s push for a constitutional amendment banning gay marriage. She later resumed support for LGBTQ issues in 2009, including same-sex marriage, after her father left office in 2009. She married her partner since 1992, Heather Poe, in 2012.
In 2010, after leaving office, Cheney predicted “Don’t Ask, Don’t Tell” would “be changed” and expressed support for reconsideration of the law banning open military service.
In 2013, the Cheney family’s disagreements over marriage equality spilled into the public eye after Liz Cheney announced her opposition to same-sex couples legally marrying. Mary Cheney took to Facebook to rebuke her sister: “Liz – this isn’t just an issue on which we disagree – you’re just wrong – and on the wrong side of history.” Dick and Lynne Cheney were supporters of marriage equality by 2013. Liz Cheney eventually came around years later.
Cheney, a neo-con, was often criticized for his handling of the Iraq war. He was considered one of the most powerful and domineering vice presidents of the modern era. He disappeared from public life for years but re-emerged to help Liz Cheney in her House re-election bid after she clashed with President Trump. Dick Cheney assailed Trump in a campaign video and later Liz announced that her father would vote for Kamala Harris in the 2024 presidential election.
