Politics
Feds won’t enforce law barring gay veterans from spousal benefits
Holder notifies Boehner of change in Sept. 4 letter
Attorney General Eric Holder has notified Congress the DOJ won’t bar gay veterans from spousal benefits under Title 38. (Blade file photo by Michael Key)
The Obama administration has determined that it will no longer enforce a portion of U.S. code governing veterans benefits to deny gay veterans benefits for their same-sex spouses.
In a letter dated Sept. 4, U.S. Attorney Eric Holder notifies U.S. House Speaker John Boehner (R-Ohio) of the change in the way the Justice Department will enforce Title 38 of the U.S. code.
“[I]n light of subsequent developments and my recommendation, the President has directed the Executive Branch to cease enforcement of Sections 101(3) and 101(31) of Title 38,” Holder writes. “Decisions by the Executive Branch not to enforce federal laws are appropriately rare. Nonetheless, for the reasons described below, the unique circumstances here warrant non-enforcement.”
The letter cites the U.S. Supreme Court’s ruling against the Section 3 of the Defense of Marriage Act, which prohibited federal recognition of same-sex marriage, and the recent district court decision against Title 38 as part of the rationale to cease enforcement of portions of the law.
Some of the spousal benefits allocated under Title 38 are disability benefits, survivor benefits and joint burial at a veteran’s cemetery. Gay veterans were previously barred from receiving these benefits because Title 38 defined spouse in opposite-sex terms independently of DOMA.
Holder says in the letter the administration has reasoned that it couldn’t bar gay veterans from spousal benefits under Title 38 because the Supreme Court ruling against DOMA prohibits Congress from enacting laws prohibiting federal recognition of same-sex marriage.
“Although the Supreme Court did not address the constitutionality of the Title 38 provisions in Windsor, the reasoning of the opinion strongly supports the conclusion that those provisions are unconstitutional under the Fifth Amendment,” Holder writes.
Holder continues in the letter that enforcing of Title 38 to bar gay veterans from benefits would also have an adverse effect on veterans seeking protections for their families.
“[C]ontinued enforcement would likely have a tangible adverse effect on the families of veterans and, in some circumstances, active-duty service members and reservists, with respect to survival, health care, home loan, and other benefits,” Holder writes.
Shin Inouye, a White House spokesperson, affirmed that President Obama accepted Holder’s recommendation and directed his administration to no longer enforce Title 38 in a way that would deny benefits to gay veterans.
“This is an important step forward for the families of veterans and their ability to access survival, health care, home loan, and other benefits,” Inouye said. “As the Attorney General’s letter to Congress states, the circumstances of the situation demonstrate that this is the appropriate course of action.”
As Holder observes in his letter, Inouye said the Obama administration has discontinued enforcement of Title 38 after the House Republican-led Bipartisan Legal Advisory Group withdrew from lawsuits challenging DOMA, including those challenging the veterans’ statute.
“Even the Bipartisan Legal Advisory Group has ceased to defend the constitutionality of those provisions of Title 38 in legal challenges,” Inouye said. “This announcement means gay and lesbian veterans who are legally married can better protect themselves and their children. The President believes that all couples who are legally married deserve respect and equal treatment under the law, and his Administration continues to work to implement the Supreme Court’s Windsor ruling swiftly and smoothly.”
Boehner’s office didn’t respond to a request to comment on the letter.
The district court ruling that Holder cites in the letter was the result of a lawsuit filed against Title 38 by the Southern Poverty Law Center on behalf of Tracey Cooper-Harris, a veteran of the Iraq and Afghanistan wars who’s suffering from multiple sclerosis and seeking disability benefits for her spouse, Maggie.
Caren Short, staff attorney for the Southern Poverty Law Center, said her organization is “thrilled” with the letter because it means Cooper-Harris and other gay veterans will begin to receive benefits.
“It’s great to know that the ruling in our case helped to convince the executive [branch] to no longer enforce Title 38 because it was discriminating against veterans and their spouses who have served and sacrificed just like every other veterans and every other veteran’s spouse,” Short said. “We’re extremely and are hopeful that benefits will start to flow as they should have been for our clients.”
A VA spokesperson said the department would work to act on the decision by the Obama administration “in a timely manner.”
“VA is working closely with the Department of Justice to update its policies in a timely manner to ensure that the delivery and quality of Veterans’ earned benefits remain at the highest standards,” the spokesperson said. “Our commitment to provide all Veterans and their families with their earned care and benefits will continue to be our focus as VA implements the President’s decision announced today.”
Sen. Jeanne Shaheen (D-N.H.) said the decision from the administration was “great news.” She’s the sponsor of the Charlie Morgan Act, legislation that would have changed Title 38 to enable veterans benefits to flow to same-sex spouses.
“We are in the process of determining if additional legislation is still needed to provide full benefits for all of our veterans,” Shaheen said. “I believe every individual that serves in uniform is entitled to the benefits they’ve earned and I will keep working on this issue until we are certain that is the case.”
The decision marks the first time that the Obama administration has announced it’ll cease enforcement of a law other than DOMA as a result of the Windsor decision. All previous changes made on behalf of same-sex couples following the ruling — such as the extension of tax benefits, offering active duty troops same-sex spousal benefits and allowing bi-national couples to apply for marriage-based I-130 green cards — were the result of regulatory change after the ruling.
In a letter to Congress last year, Holder previously indicated that the Obama administration believes laws barring gay veterans from spousal benefits are unconstitutional and the administration wouldn’t defend them against legal challenges in court. Still, at the time, the administration kept enforcing the laws. That’s changed after the court rulings.
Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said the decision to no longer enforce Title 38 to bar gay veterans from benefits was the right course of action from the Obama administration.
“As the Court said in Windsor, our Constitution does not permit the federal government to single out some married couples for unfair treatment, and today’s announcement from the Justice Department rests solidly on that principle,” Cole-Schwartz said. “For the brave men and women of our armed forces and their spouses to be denied benefits as veterans would be an insult to their service.”
One question that remains in the aftermath of this letter is whether the Obama administration will also interpret the ruling against DOMA to provide spousal benefits to legally married gay veterans applying for benefits in a state that doesn’t recognize their union. A portion of Title 38 unaddressed in the letter looks to the state of residence, not the state of celebration, in determining whether a same-sex marriage is valid.
Brian Fallon, a Justice Department spokesperson, said the issue remains “under review” within the Obama administration.
“The Justice Department will continue to work with the VA on figuring out how to go forward on that issue,” Fallon said. “But in the meantime, today’s decision means that if you’re a same-sex married couple in a state that recognizes your marriage, the VA will no longer deprive you of veterans’ benefits.”
Cole-Schwartz called for further guidance from the Obama administration on whether spousal benefits will flow to veterans who have legal same-sex marriages, but live in states that don’t recognize their union.
“The Obama administration is doing right by our veterans and faithfully executing the Supreme Court’s opinion and we look forward to guidance as to how the VA will treat veterans and their spouses living in states that do not recognize their marriages,” Cole-Schwartz said.
The White House
White House counterterrorism strategy targets ‘anti-American, radically pro-transgender’ groups
Administration released document last week
The White House released the “United States Counterterrorism Strategy” last week, introducing enforcement priorities that include references to people with “extreme transgender ideologies.”
The document is the first executive branch counterterrorism strategy released since former President Joe Biden’s 2021 “National Strategy for Countering Domestic Terrorism,” which largely focused on threats tied to domestic extremism and the Jan. 6 Capitol attack. The Trump-Vance administration’s new strategy instead centers heavily on cartels, Islamist organizations, and what it describes as “violent left-wing extremists.”
The report identifies three primary categories of terror threats facing the U.S.: “Narcoterrorists and Transnational Gangs,” “Legacy Islamist Terrorists,” and “Violent Left-Wing Extremists, including Anarchists and Anti-Fascists.” The strategy repeatedly frames those groups as existential threats to the U.S. and outlines a more aggressive, militarized counterterrorism posture.
The introduction to the report closes with a warning from President Donald Trump referencing counterterrorism operations carried out during his second administration: “We will find you and we will kill you.”
In the section outlining the administration’s counterterrorism priorities, the document argues that federal intelligence, and law enforcement agencies under prior administrations focused on the wrong threats while overlooking violence committed by left-wing extremists. The strategy specifically references transgender ideology while discussing political violence.
“As real threats were ignored or underplayed, Americans have witnessed the politically motivated killings of Christians and conservatives committed by violent left-wing extremists, including the assassination of Charlie Kirk by a radical who espoused extreme transgender ideologies.”
Claims tying a trans person to Kirk’s killing have been disputed, however, and multiple news outlets later retracted or corrected early reports that identified the shooter as trans.
The report later expands on that argument, saying the administration will prioritize targeting “violent secular political groups” it describes as anti-American and “radically pro-transgender.”
“In addition to cartels and Islamist terror groups, our national CT activities will also prioritize the rapid identification and neutralization of violent secular political groups whose ideology is anti-American, radically pro-transgender, and anarchist.”
The rhetoric mirrors claims frequently made by Trump allies and conservative commentators linking trans people and left-wing activism to political violence. However, data compiled by researchers and organizations tracking mass shootings does not support the idea that trans people are responsible for a significant share of such attacks.
Factcheck.org says rhetoric from Trump and several far-right political pundits contradicts available data, noting that the percentage of mass shootings committed by trans people is “exceedingly small.”
Despite the lack of evidence supporting generalized claims about trans people, the president’s son Donald Trump, Jr., told Fox News in September 2025 that he could not “name a mass shooting in the last year or two in America that wasn’t committed by, you know, a transgender lunatic.”
Factcheck.org also found that even if cases involving shooters with unclear gender identities were included in statistics about trans mass shooters, the number would still account for only a fraction of a percent.
Mark Bryant, founding executive director of the Gun Violence Archive, said the number of trans mass shooters could be as high as eight, but would still account for less than 0.1 percent of mass shootings over the last 12 years, according to GVA data. He added that the figure would remain below 0.2 percent even when examining incidents from 2018 to the present.
Beyond domestic extremism, the strategy frames the administration’s broader counterterrorism agenda through the lens of “America First” foreign policy and renewed U.S. dominance in the Western Hemisphere. The report repeatedly references the Monroe Doctrine, the nearly 200-year-old policy warning European powers against interference in the Americas.
“After years of neglect, the United States will reassert and enforce the Monroe Doctrine to restore American preeminence in the Western Hemisphere, and to protect our homeland” Trump said in the report.
The document also breaks down counterterrorism priorities by region, including the Middle East, where it argues the U.S. is “no longer as dependent” on the region because of increased domestic energy production.
“Our growing domestic energy production means the Middle East is no longer as central to America’s stability, yet threats from this region remain, and our counterterrorism goals continue to be specific and rooted in realistic threat analysis.”
The statement comes amid rising gas prices tied in part to instability surrounding the war involving Iran, with fuel costs reaching some of their highest levels since 2022. According to AAA, the national average price for gasoline climbed to $4.52 per gallon as the national average rose “$.25 for a second straight week.“
Congress
Bill seeks to block global gag rule expansion
Policy now bans US foreign aid to groups promoting ‘gender ideology’
Lawmakers on Wednesday introduced a bill that would block the expansion of the global gag rule.
President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.
Trump reinstated the rule during his first administration. The Biden-Harris administration shortly after it took office in 2021 rescinded it.
The Trump-Vance administration earlier this year expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” The expansion took effect on Feb. 26.
U.S. Sens. Jeanne Shaheen (D-N.H.) and Jacky Rosen (D-Nev.) introduced the Protecting Human Rights and Public Health in Foreign Assistance Act in the U.S. Senate. U.S. Reps. Grace Meng (D-N.Y.), Lois Frankel (D-Fla.), Diana DeGette (D-Colo.), Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Gregory Meeks (D-N.Y.) introduced it in the U.S. House of Representatives.
“Using taxpayer money to export the Trump administration’s anti-trans, anti-science, and anti-abortion ideological agenda isn’t just immoral — it’s antithetical to efficient, effective, and rights-based foreign assistance,” said Council for Global Equality Senior Policy Fellow Beirne Roose-Snyder on Wednesday in a press release.
Meng added the Trump-Vance administration’s “crusade against healthcare and global aid is putting millions of lives at risk worldwide.”
“No one will flourish under the new expanded global gag rule,” said the New York Democrat. “These policies weaponize foreign aid and will result in greater harm, particularly for women and girls, marginalized communities, and LGBTQI+ individuals.”
“They should never have been implemented at all, let alone without even a basic public comment process,” she added. “This legislation will reverse these dangerous policies.”
The White House
From red carpet to chaos: A first-person narrative of the WHCD shooting
The Blade’s WH correspondent Joe Reberkenny recounts his night at the WHCD after a shooter attempted to gain entry.
It started as any White House Correspondents’ Dinner is supposed to go—I assume. I’ve never been to one before this, but based on other events I’ve attended at the Hilton, including an HRC gala, it all seemed fairly normal.
There was a lot of traffic. Police had blocked off streets encompassing a large portion of Adams Morgan—particularly around the hotel. The president was making his first appearance after boycotting the event during his first term, so there was a sense of anticipation. It took me about 45 minutes to go just under a mile from my apartment to about three blocks from the hotel in my Uber. I waited until the last possible second before I felt like I was going to be late—6:30—to get out of the car, because it was raining and I was wearing my green tux.
I walked up to a group of people checking tickets at the base of the hotel. They seemed to just be glancing at the tiny, index-card-sized tickets rather than conducting any kind of full security screening outside. As I walked from that first checkpoint to the drive-around drop-off area, I joined what was essentially one long line for the red carpet. It eventually split into people who wanted photos and those who didn’t—but again, there was no real need to show anything beyond that small ticket upon entering, and even that wasn’t being checked closely.
A light went off in my head; I felt that, given the speed at which security was checking tickets, they couldn’t fully see the foil logo and tiny table numbers from that distance. I remember thinking that if I had a similarly sized piece of paper, I could have gotten through up to that point.
I also noticed there was no real security checkpoint or metal detectors upon initially entering the hotel grounds—unlike what I had seen at the HRC gala the year before.
I waited about 35 minutes in line in the car drop-off area—without cars, since it had been repurposed to corral press and their guests before entering the building and heading onto the red carpet. I took my photo, then went up the escalator to meet my date, Jacob Bernard from Democracy Forward. They wouldn’t let him onto the red carpet without his ticket, so I gave him his, which I had been holding. He was already inside the venue despite not having his ticket on him and had been at one of the pre-parties.
That also struck me as odd—that you could access a pre-dinner party without a ticket or going through any visible security.
After I found him, we took a photo together at a step-and-repeat past the main red carpet area around 7:45. Oddly enough, a group of my friends—gays who I regularly see on the dance floors of the gay bars of Washington, who work in various government and media-adjacent fields—found me, and we took pictures together. None were White House correspondents or held a “hard pass” to the White House (security credentials that allow entry into the White House complex).
Another light went off in my head that indicated party crashers probably shouldn’t be getting inside to an event that is supposed to be one of the most secure rooms in the country.
After the photos, I could see groups of people being moved from pre-party spaces in various meeting rooms on other floors and directed toward the main floor where the red carpet had been.
My guest and I went back up to the main floor and walked through a small security checkpoint that included only a handful of metal detectors. From there, I went down the stairs from the lobby into the International Ballroom, where we took our seats at Table 200. I talked to a few people I knew—very traditional pre-event chit-chat. The vibes felt good. It was my first time attending, and I was genuinely excited.
Around 8:15, the Marine Corps Band played and “Commandant’s Four” color guard presented the flags. We were then told to take our seats.
They introduced the head table—the president, first lady, vice president, and members of the White House Correspondents’ Association board. Weijia Jiang, senior White House correspondent for CBS News and president of the WHCA, gave a brief speech, essentially saying we would eat first and then move into the main program, which was supposed to feature mentalist Oz Pearlman.
At this point my table, 200 which included members of the Wall Street Journal, the Blade, and a European outlet all started eating. About 15 minutes later, Washington Hilton staff began clearing plates and preparing to bring out the next course.
As they cleared the plates, I heard four loud bangs.
I saw hotel employees immediately start ducking. They seemed to understand the gravity of the situation much faster than most attendees, including myself. At first, it sounded like a tray might have fallen over (but I later found out that wasn’t the case).
After about 30 seconds of watching some people duck, others look around in confusion, and some continue eating and drinking, I got down. I kneeled with my chair in front of me as a kind of barrier. Being at Table 200, I felt somewhat removed from where the actual incident occurred.
Then I saw the president being whisked away quickly by Secret Service, along with the first lady and others at the head table.
My reporter instincts kicked in. I grabbed my phone and started filming. I saw SWAT team members rush into the ballroom and onto the stage, clearing the area. I captured a video of people looking around, confused about what had just happened.
A few minutes later, the room was told by the WHCA president to hold on—that they would provide more information and guidance on what would happen next. There was some indication that they might try to continue the event despite what had occurred.
Everyone started frantically checking X to see if any major outlets were reporting. I was receiving texts from family, friends, and colleagues about the rapidly unfolding situation.
I walked to the bathroom—twice, technically. I couldn’t find it initially because it was hidden behind black curtains. (Later, those curtains were removed, and the men’s room was in clearer view.)
During the first walk to the bathroom, I called my editor to tell him what was happening. He instructed me to start sending copy to another editor, who would get it online. The ballroom had almost no service—it’s in the basement of a 12-story hotel—so it was a challenge. I utilized SMS fallback (since iMessage wasn’t working) to send updates.
I returned to the table, where people were still hovering—calling editors, scrolling, texting, sending photos and copy. I was already drafting my story and sending it in chunks, adding details as I gathered more information.
I walked my guest toward the bathroom again, which was on the opposite side of the ballroom from our table, so I had to cross what felt like a sea of journalists, PR officials, guests, and others on their phones, talking and scrolling. My guest pointed out that the press pool was being held in an alcove away from the ballroom doors and escalator exit—not in the ballroom with everyone else.
“Alive” by the Bee Gees was playing over the speakers in the bathroom, which felt a little too on the nose.
On my way out, I heard someone speaking over a microphone and rushed to the ballroom entrance. WHCA President Weijia Jiang was speaking. She announced that the event was over and the space was being evacuated.
She also said that President Trump would hold a press conference at the White House in about 25 minutes.
That’s when I knew it was a race against the clock.
I called my editor a second time to update him and asked if I should head to the briefing (knowing the answer would be yes). He confirmed.
Then the crowd began to move. People grabbed purses, bottles—some left belongings behind. Even though it was technically becoming a crime scene, no one was actively forcing us out. It felt more like a collective understanding: It was time to go.
I texted my guest: “OK, I have to go to the White House. I’m so sorry to leave you.”
I made my way with the sea of people toward the one exit we were allowed to use and zipped between women in fancy gowns and men looking like penguins.
I put on my hard press pass, opened the Capital Bikeshare app, reserved the closest e-bike, and headed out.
I walked up Columbia Road to 20th and Wyoming, grabbed the bike, and rode down Wyoming, then 18th, cut over to U Street, and went straight down 16th to the White House. That ride was exhilarating. I also filmed an Instagram Reel updating my followers on what was going on. I could see tourists and D.C. residents alike looking at me from their cars and the sidewalk, obviously confused as to why a man dressed in a tux had hopped on a bike.
I got off the bike where 16th Street meets Lafayette Square and darted toward the first White House security checkpoint, where they were verifying press credentials. Luckily, I had mine. After that, it turned into a mad dash. Everyone who made it through started moving quickly.
The sound of heels on what I think was cobblestone—or maybe brick—sticks with me. My own shoes were clacking as I ran toward the White House alongside other journalists in heels and dress shoes.
At the Secret Service checkpoint, there was a separate line for hard pass holders. Having my hard pass let me skip much of the impeccably dressed line of journalists who didn’t think to bring their hard pass with them.
It was probably the most exquisitely dressed press crowd I’ve ever seen—tuxedos, gowns, full makeup. It felt like something out of “The Hunger Games.”
I went through security, put my belongings through the metal detector, entered my code, grabbed my things, and ran to the briefing room.
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