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Texas Nat’l Guard withholding spousal benefits for gay troops

Lesbian couple rejected at Camp Mabry facility

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Alicia Butler, Judith Cedville, gay news, Washington Blade, Texas National Guard
Alicia Butler, Judith Cedville, gay news, Washington Blade, Texas National Guard

Alicia Butler (left) and Judith Cedville with daugher, Jordan. (Photo courtesy of Alicia Butler)

Amid celebration for many gay service members on the day that the Pentagon begins to award same-sex spousal benefits, the Texas Military Forces is withholding such benefits for gay troops on the basis that state law prohibits same-sex marriage.

Alicia Butler, an Austin, Texas, attorney, said she was rejected when she tried to register with the Defense Enrollment Eligibility Reporting System, or DEERS, the military’s health benefits system, when she applied on Tuesday at Camp Mabry, where her spouse, Judith Chedville, a nurse and Iraq war veteran, is stationed as a member of the National Guard.

“We were told that Texas would not register us into the system and would not issue an ID card for me,” Butler said. “We were told that if she was active duty they would do that for me, but not for a National Guard member because she’s part of the Texas National Guard.”

The explanation the couple was given, Butler said, was that they were denied because she and her spouse are the same gender. Butler said she and her spouse were legally married in California.

Butler added she and her spouse were directed to another facility in Texas that is run by the federal government.

“They told us to go to a different facility, such as Ft. Hood in San Antonio, where the federal government runs the facility, so that we could get the ID card,” Butler said. “That’s an hour-and-a-half drive for me, and we have a five-month-old, so that’s kind of hard.”

But Butler, 43, added even if she and her spouse made that trip, Camp Mabry would still not recognize her as the spouse of Chedville, 38, at that facility.

“We were also told that even if my spouse went there without me and got the registration and that all taken care of, Camp Mabry still would not take my photograph and issue the ID, which is something that’s normally done,” Butler said.

Butler said she was left with the impression that Camp Mabry would continue to deny benefits for guard members with same-sex spouses “indefinitely.”

Tuesday marks the first day that the U.S. armed forces started offering partner benefits, including military IDs, to troops with same-sex spouses after a period of implementation this year. In the wake of the Supreme Court decision against the Defense of Marriage Act, gay troops are now eligible for major spousal benefits, including health and pension benefits as well as equal access to housing.

Butler said she was denied benefits as the American Military Partner Association, an LGBT military group, says it was leaked guidance indicating that Texas Military Forces, or the Texas National Guard, wouldn’t honor the U.S. armed forces’ plan to begin offering partner benefits to gay troops because the Texas Constitution prohibits same-sex marriage.

“The TXMF is a state agency under the authority and direction of the Texas state government,” the guidance states. “Therefore, the TXMF must consider that the Texas Constitution and Texas Family Code 6.204 conflicts with the DoD policy extending benefits to same-sex spouses. Due to this potential conflict, we are unable to enroll same-sex families into DEERs at our state supported facilities until we receive legal clarification.”

Similar to what Butler and Chedville were told, the guidance says troops who are affected by this issue should seek a federal facility to apply for benefits.

“However, the TXMF remains committed to ensuring its military personnel and their families receive the benefits to which they are entitled,” the guidance states. “As such, we encourage anyone affected by this issue to enroll for benefits at a federal installation.”

The American Military Partner Association has a photo of the guidance written on an official and letterhead signed by Adjutant General Maj. Gen. John Nichols. It’s posted at the end of this article.

Laura Lopez, a Texas Military Forces spokesperson, confirmed the guidance is accurate, but said she doesn’t known when the legal uncertainty cited in the guidance will be resolved.

“Our goal in the Texas Military Forces is to provide the benefits available to our Soldiers and Airmen under existing federal law and policy, while also adhering to applicable Texas state law,” Lopez said. “The Texas Military Forces will continue to follow state law until legal clarification is determined. It is important to note that Soldiers and Airmen are not being denied these benefits, there are multiple locations throughout the state where they can enroll for same sex benefits.”

Lopez added unlike Fort Hood or Randolph Air Force Base, Camp Mabry receives state funding for property, equipment, and personnel, so personnel and the operation of facilities are subject to Texas state law.

“Despite the legal conflict, the TXMF remains committed to ensuring military personnel and their families receive the benefits to which they are entitled,” Lopez said. “As such, we fully support same-sex families enrolling for benefits at the nearest federal installation.”

Stephen Peters, president of the American Military Partner Association, said apparent decision to withhold benefits is a “disgrace” for Texas and Texas Gov. Rick Perry “should be ashamed.”

“Our military families are already facing enough challenges, and discrimination from the state of Texas only compounds those challenges,” Peter said. “It’s simply disgusting that Gov. Perry would try to play politics with our military families. Considering the far majority of the funding for the Texas Guard facilities comes from the federal government, I don’t believe they have a leg to stand on.”

Jeremy Johnson, co-chair of the newly formed LGBT military group SPART*A, said withholding benefits to gay troops in Texas amounts to state-sanctioned discrimination and the issue should be resolved immediately.

“The Department of Defense no longer discriminates against same-sex military families and instead embraces them as an important part of the support structure for uniformed members,” Johnson said. “This announcement by Texas Military Forces makes clear that that they are either unwilling or incapable of doing the same. If that is the case, the Department of Defense must ensure that there is no question about the rights of same-sex military families and their ability to access the benefits to which they are entitled.”

According to the Associated Press, the Mississippi National Guard will join Texas in refusing to grant benefits to gay troops with same-sex spouses, but only at state-owned facilities. A spokesperson was quoted as saying Mississippi National Guard offices on federal property would accept the applications.

But the AP also reported that officials in 13 other states that ban same-sex marriage — including Arizona, Oklahoma, Florida, Michigan and Georgia — said offices would follow the federal directive and process all couples’ applications for benefits the same way.

Lt. Cmdr. Nathan Christensen, a Pentagon spokesperson, said he’s unable to confirm the Texas guidance, but said federal military installations in the state will provide a military ID to troops with same-sex spouses.

“All Federal Military installations in Texas will issue IDs to all who provide a valid marriage certificate from a jurisdiction that recognizes same-sex marriage,” Christensen said.

Apparent guidance from the Texas Military Forces saying it won't provide partner benefits to troops with same-sex spouses (Screenshot courtesy American Military Partners Association).

Apparent guidance from the Texas Military Forces saying it won’t provide partner benefits to troops with same-sex spouses (Screenshot courtesy American Military Partners Association).

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Congress

Shaheen, Collins reintroduce bill prohibiting anti-LGBTQ discrimination in jury service

Senators note the absence of protections in federal courtrooms

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U.S. Sen. Jeanne Shaheen (D-N.H.) (Washington Blade photo by Michael Key)

U.S. Sens. Jeanne Shaheen (D-N.H.) and Susan Collins (R-Maine) reintroduced a bill on Wednesday that would prohibit discrimination on the basis of sexual orientation and gender identity during the federal jury selection process.

The bipartisan Jury Access for Capable Citizens and Equality in Service Selection (ACCESS) Act would enshrine protections for LGBTQ Americans who are serving or who might be selected to serve on juries, alongside rules proscribing discrimination on the basis of race, color, religion, sex, national origin, and economic status that are already enforced in federal courtrooms.

Co-sponsoring the bill with Shaheen and Collins are U.S. Sens. Sheldon Whitehouse (D-R.I.), Ed Markey (D-Mass.), Martin Heinrich (D-N.M.), Peter Welch (D-Vt.), Catherine Cortez Masto (D-Nev.), Mazie Hirono (D-Hawaii), Ben Ray Luján (D-N.M.) and Chris Coons (D-Del.)

“Serving on a jury is a civic duty that no one should be prevented from fulfilling because of who they are or who they love,” Shaheen said in a press release. “It’s preposterous that under current law there are no protections prohibiting discrimination against LGBTQ+ jurors in federal courts and Congress must take action to rectify this injustice.” 

“Serving on a jury is a fundamental right and obligation that no individual should be prohibited from fulfilling based on their sexual orientation or gender identity,” said Collins. “I have long worked to fight discrimination, and I am proud to join this effort to help eliminate bias from our judicial system.” 

Amid the absence of nationwide protections, the release notes that only 17 states “prohibit exclusion from jury service in state court based on sexual orientation” while “just 12 protect against discrimination based on gender identity.”

This spring, Democratic lawmakers from the House and the Senate, including leadership from both chambers, reintroduced the Equality Act, which would codify LGBTQ inclusive federal nondiscrimination rules in a range of contexts from employment and housing to public accommodations and education.

Shaheen and Collins were integral to the bill’s inclusion of protections applying to jury service.

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Congress

Torres: gay Venezuelan asylum seeker is ‘poster child’ for Trump’s ‘abuses against due process’

Congressman spoke with the Blade Thursday

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Democratic U.S. Rep. Ritchie Torres of New York told the Washington Blade during an interview Thursday that his party erred in focusing so much attention on demands for the Trump-Vance administration to return Kilmar Abrego Garcia to the U.S. when the wrongful deportation of Andry Hernández Romero “was much more egregious.”

Hernández is a gay Venezuelan national who was deported to El Salvador in March and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

“In the case of Andry, the government admits that it has no evidence of gang membership, but he was deported without due process, without a notification to his attorney, without a court hearing to contest the allegations against him, without a court order authorizing his deportation,” the congressman said.

“He had not even the slightest semblance of due process,” Torres said. “And even though he had a court hearing scheduled for March 17, the Trump administration proceeded to deport him on March 15, in violation of a court order.”

“I think we as a party should have held up Andry as the poster child for the abuses against due process, because his case is much more sympathetic,” Torres said. “There’s no one who thinks that Andry is a gang member.”

“Also,” the congressman added, “he’s not a quote-unquote illegal immigrant. He was a lawful asylum seeker. He sought asylum lawfully under the statutes of the United States, but he was deported unlawfully at the hands of the Trump administration.”

Torres was among the 49 members of Congress who joined with Democratic U.S. Sens. Alex Padilla and Adam Schiff of California in writing to Secretary of State Marco Rubio on Monday demanding information about Romero, including proof of life.

The lawmakers urged the State Department to facilitate his access to legal counsel and take steps to return him, expressing fear for his safety — concerns that Torres reiterated on Thursday.

“Jails and prisons can be dangerous places for gay men, and that is especially true of a place like CECOT,” the congressman said. “He fled Latin America to escape violent homophobia. There are a few places on earth that have as much institutionalized homophobia as jails and prisons, and so I do fear for his safety.”

“I released a video telling the story of Andry,” Torres noted, adding, “I feel like we have to do more to raise awareness and the video is only the beginning … And you know, the fact that Abrego Garcia is returning to the United States shows that the administration has the ability to bring back the migrants who were unlawfully deported.”

Torres spoke with the Blade just after Padilla was forcibly removed from a federal building in Los Angeles after attempting to question U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday.

Footage of the senator being pushed out of the room, onto the floor, and handcuffed by officers wearing FBI identifying vests drew outrage from top Democrats in California and beyond.

“It’s the latest reminder that Donald Trump and his administration have no respect for anything or anyone but himself,” Torres told the Blade. “And every bit as outrageous as Donald Trump himself has been the enabling on the part of the congressional Republicans who are aiding and abetting his authoritarian abuses.”

“We have to be vigilant in resisting Donald Trump,” the congressman said. “We have to resist him on the streets through grassroots mobilization. We have to resist him in the courtrooms through litigation. We have to resist him in the halls of Congress through legislation.”

Torres added that “we have to win back the majority in 2026” and “if Republicans have no interest in holding Donald Trump accountable, then those Republicans should be fired from public office” because “we need a Congress that is able and willing to hold Donald Trump accountable, to stand up to his authoritarian assault on our democracy.”

Resisting is “a matter of free speech,” he said, noting that the president’s aim is to “create a reign of terror that intimidates people into silence,” but “we cannot remain silent. We have to unapologetically and courageously exercise our right to free speech, our right to assemble peacefully, and our right to resist an authoritarian president like Donald Trump.”

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Padilla forcibly removed from federal building for questioning DHS secretary

Prominent Democrats rushed to defend senator

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U.S. Sen. Alex Padilla (D-Calif.) (Washington Blade photo by Michael Key)

Democratic U.S. Sen. Alex Padilla of California was forcibly removed from a federal building in Los Angeles after attempting to ask questions of U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday

The city has been rattled in recent days as protestors objecting to the Trump-Vance administration’s immigration crackdowns clashed with law enforcement and then the president deployed National Guard troops and U.S. Marines, which was seen as a dramatic escalation.

According to a video shared by his office, the senator, who serves as ranking member of the Senate Judiciary Immigration Subcommittee, introduced himself and said, I have questions for the secretary.” After he was pushed out of the room, officers with FBI-identifying vests told Padilla to put his hands behind his back and handcuffed him.

“Senator Padilla is currently in Los Angeles exercising his duty to perform Congressional oversight of the federal government’s operations in Los Angeles and across California,” reads a statement from his office.

“He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference,” the statement continued. “He tried to ask the secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information.”

Democrats were furious, with many releasing strong statements online condemning the actions of law enforcement officers, including California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D), and the state’s other U.S. senator, Adam Schiff (D).

Human Rights Campaign Chief of Staff Jay Brown also issued a statement: “A sitting U.S. senator should be allowed to ask a Cabinet secretary a question at a press conference — in his own state, on an issue affecting his constituents — without being violently thrown to the floor and handcuffed. Everyone who cares about our country must condemn this undemocratic act. Full stop.”



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