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New guidance affords gay couples equal access to Medicaid

Non-marriage equality states can refuse new policy for gay couples

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Centers for Medicare & Medicaid Services, gay news, Washington Blade
Centers for Medicare & Medicaid Services, gay news, Washington Blade

The Centers for Medicare & Medicaid has issued new post-DOMA guidance (Image public domain).

Gay married couples will now have the same eligibility opportunities for Medicaid coverage as straight couples in certain states following the Supreme Court decision against the Defense of Marriage Act, according to new guidance from the Obama administration obtained Friday by the Washington Blade.

In two separate pieces of guidance dated Sept. 27, the Centers for Medicare & Medicaid outlines new policy bringing the agency in line with the ruling against DOMA. They’re published in time for enrollment into insurance exchanges and Medicaid expansion under the health care reform law starting on Tuesday.

One piece of guidance from Gary Cohen, CMS director of the Center for Consumer Information & Insurance Oversight, clarifies gay married couples will be for a spousal tax credit and cost-sharing reductions by signing up for a health insurance exchange — provided they submit a joint tax return for that year.

“In light of the Ruling, the eligibility rules with respect to premium tax credits under Code section 36B treat same-sex spouses in the same manner as opposite-sex spouses,” Cohen writes.

That policy decision has nationwide implications thanks to an Aug. 29 ruling from the Internal Revenue Service that married same-sex couples should be treated the same as opposite-sex couples for tax purposes — regardless of whether or not they reside in a state recognizing the union.

The other piece of guidance from Sept. 27, signed by CMS Director of the Center for Medicaid & CHIP Services Cindy Mann, is more complex and says DOMA is no longer a factor in determining the income-based eligibility of same-sex couples for Medicaid and the Children’s Health Insurance Program.

“[B]ecause Section 3 of DOMA no longer controls the definition of marriage or spouse under the framework for state Medicaid and CHIP programs, DOMA is no longer a bar to states recognizing same-sex marriages in Medicaid or CHIP,” Mann writes.

Medicaid is a health insurance program jointly run by the states and government in which a person is eligible for coverage if have income up to 133 percent of the poverty line. Most individuals apply for Medicaid not on an individual basis, but on a family basis.

With DOMA out of the picture, the new policy would make a gay person more eligible for Medicaid if their spouse’s income is lower and places them lower on the poverty scale. Also, it can make a gay person less eligible if a spouse’s income is higher and the couple seems less in need.

The guidance says that state may begin factoring an applicant’s same-sex marriage into eligibility for Medicaid and CHIP “immediately,” but acknowledges some operational challenges and says it should be implemented “as soon as reasonably practicable.”

States where same-sex marriage is legal will have to adopt the new eligibility requirements, but since the Medicaid is jointly run by the states, CMS isn’t requiring non marriage-equality states to recognize same-sex marriages for the purposes of the purposes of the program. States can elect to opt out of the new policy.

“[A] state is permitted and encouraged, but not required, to recognize same-sex couples who are legally married under the law of the jurisdiction in which the marriage was celebrated as spouses for purposes of Medicaid and CHIP,” Mann writes. “States that do not recognize same-sex marriages are thus free to adopt a different marriage recognition policy for Medicaid and CHIP purposes.”

That’s similar to policy under health care reform. Because of the Supreme Court ruling on Obamacare, states can opt out of participating in the Medicaid expansion under the law.

The guidance also allows states to adopt this eligibility standard for Medicaid and CHIP if the state offers civil unions or domestic partnerships that are the legal equivalent to marriage. Among these states are Colorado and Illinois.

“Consistent with this guidance, a marriage is recognized for Medicaid and CHIP purposes if (it is legally valid under applicable law,” Mann writes. “Thus, if a state or territory recognizes a civil union or domestic partnership as a marriage, that marital status is recognized under the Medicaid and CHIP programs, consistent with this guidance.”

CMS says this guidance isn’t the last word. The agency is awaiting additional guidance on non-income related eligibility for Medicaid and CHIP that hinges on yet-to-be-released guidance from the Social Security Administration in determining eligibility for Supplemental Security Income. Some Social Security spousal benefits are beginning to flow to married gay couples, but the Obama administration hasn’t finalized this post-DOMA policy yet.

“The Centers for Medicare & Medicaid Services (CMS) will issue additional guidance once the SSA announces its post-Windsor SSI marriage recognition policy,” Mann writes.

Despite the effort to bring the Medicaid into alignment with the court ruling against DOMA, the nation’s largest LGBT group is expressing discontent with the guidance and says the eligibility should extend to married gay couples nationwide.

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said the policy decisions “fall short” by allowing states to determine whether they can provide Medicaid coverage to same-sex couples.

“While it might be advantageous for some families to remain unrecognized in order to maintain eligibility for certain programs, as a general rule we oppose different standards for gay versus straight married couples,” Cole-Schwartz said. “Given that there are no impediments to the federal government adopting an across the board standard that recognizes all legally married couples in this instance, we believe that the new rules fall short of the ideal where the sexual orientation of those in a marriage is irrelevant.”

Federal officials insist the new policy is extended in the maximum possibly way because, unlike in other cases where the Department of Health & Human Services has extended standards and benefits to same-sex married couples in non-marriage equality states, there is a special federal-state relationship in Medicaid with the states administering this program.

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Congress

Bill seeks to block global gag rule expansion

Policy now bans US foreign aid to groups promoting ‘gender ideology’

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President Donald Trump speaks at the State of the Union address at the U.S. Capitol on Feb. 24, 2026. A bill would block his administration's expansion of the global gag rule. (Washington Blade photo by Michael Key)

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.”

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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.

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The International Ballroom at the Washington Hilton during the WHCD. (Washington Blade photo by Joe Reberkenny)

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.

(Washington Blade photo by Joe Reberkenny)

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The White House

Grindr to host first-ever White House Correspondents’ Dinner party

App’s head of global government affairs a long-time GOP-aligned lobbyist

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Gay dating and hookup app Grindr will host its first-ever White House Correspondents’ Weekend party on April 24.

The event is scheduled for the night before the White House Correspondents’ Dinner, an annual gathering meant to celebrate the First Amendment, honor journalism, and raise money for scholarships.

The White House Correspondents’ Dinner is organized by the White House Correspondents’ Association, a group of journalists who regularly cover the president and the administration.

An invitation obtained by the Washington Blade’s Joe Reberkenny and Michael K. Lavers reads:

“We’d be thrilled to have you join us at Grindr’s inaugural White House Correspondents’ Dinner Weekend Party, a Friday evening gathering to bring together policymakers, journalists, and LGBTQ community leaders as we toast the First Amendment.”

The Blade requested an interview with Joe Hack, Grindr’s head of global government affairs, but was unable to reach him via phone or Zoom. He did, however, provide a statement shared with other outlets, offering limited explanation for why the company decided 2026 was the year for the app to host this event.

“Grindr represents a global community with real stakes in Washington. The issues being debated here — HIV funding, digital privacy, LGBTQ+ human rights — are daily life for our community. Nobody does connections like Grindr, and WHCD weekend is the most iconic place in the country to make them. We figured it was time to host.”

Hack said the company has been “well received” by lawmakers in both parties and has found “common ground” on issues such as HIV funding and keeping minors off the app. He credited longstanding relationships in Washington and what he described as Grindr’s “respectful” approach to lobbying.

Hack, a longtime Republican-aligned lobbyist, previously worked for several GOP lawmakers, including U.S. Sens. Deb Fischer (R-Neb.), Jon Kyl (R-Ariz.), George Voinovich (R-Ohio), Bill Frist (R-Tenn.), and U.S. Rep. Randy Forbes (R-Va.).

According to congressional disclosure forms compiled by OpenSecrets, Grindr spent $1.3 million on lobbying in 2025— more than Tinder and Hinge’s parent company Match Group.

“This is going to be elevated Grindr,” Hack told TheWrap when describing the invite-only party that has already generated buzz on social media. “This isn’t going to be a bunch of shirtless men walking around. This is going to be very elevated, elegant, but still us.”

He also pointed to the company’s work on HIV-related initiatives, including efforts to maintain federal funding for healthcare partners that distribute HIV self-testing kits through the app.

The event comes at a particularly notable moment for an LGBTQ-focused connection platform to enter the Washington social circuit at a high-profile political weekend, as LGBTQ rights remain under constant attack from conservative lawmakers, particularly around transgender healthcare, sports participation, and public accommodations.

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