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Court affirms gay troops eligible for spousal benefits

Judge rules Pentagon must enroll gay troops, veterans into benefit system

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National LGBT Bar Association, Gay News, Washington Blade

A district court has affirmed that laws barring spousal benefits from gay troops is unconstitutional (image via wikimedia).

A district court has followed the lead of previous rulings in affirming that laws barring gay troops from accessing spousal benefits are unconstitutional.

In a four-page summary judgment, U.S. Judge Richard Stearns ruled on Wednesday in the lawsuit known as McLaughlin v. Hagel that gay troops plaintiffs in the case are entitled to spousal benefits in the wake of the Supreme Court decision against the Defense of Marriage Act.

Not only the does the decision affirm that spousal benefits must flow to active troops, the ruling states that benefits must flow to gay veterans in same-sex marriages because the portion of Title 38 restricting those benefits to opposite-sex couples is unconstitutional.

“The definitions of the terms ‘spouse’ and ‘surviving spouse’ in Sections 101(3) and (31) of the Title 38 of the U.S. Code are unconstitutional under the equal protection component of the Due Process Clause of the Fifth Amendment as applied to Plaintiffs by the Department of Veteran Affairs in the administration of veterans’ benefits governed by Title 38 to the extent those definitions are construed to limit the provision of veterans’ benefits to married opposite-sex couples,” the decision states.

The Justice Department had already announced on its own accord that it would no longer enforce Title 38 to bar gay veterans from spousal benefits in the aftermath of the Supreme Court decision against DOMA.

Still,Ā plaintiffs pursued the litigation, calling for summary judgment, on the basis that the decision from the Obama administration could be altered under another presidency.

The eight plaintiffs couples represented in the lawsuit may receive retroactive benefits covering a longer period of time than other gay troops. The court rulings say they’re entitled to benefits from the time they tried to enroll into DEERS in late 2011. Other gay troops as the result of the DOMA decision are eligible for benefits back until the Supreme Court ruling in June of this year.

In a joint statement, Christopher Man andĀ Abbe Lowell, private attorneys with Chadbourne & Parke LLPĀ who litigated the case on behalf of Servicemembers Legal Defense Network, said the ruling ensures their clients receive benefits they would have obtained in opposite-sex marriages.

“With this order, our clients and we have been able to complete the goal of invalidating those laws that discriminated against loyal and brave soldiers and their families on the basis of the gender of their spouses,” Man and Lowell said. “We are proud to have been part of the effort to end this practice and of our clients for making the fight.”

The case is significant because it was the first in which House Republicans they would no longer work to defend DOMA in the aftermath of the Supreme Court decision against the anti-gay law.

John Gillespie, board co-chair OutServe/SLDN, praised the court for making a ruling he said would end discrimination.

“We sought a judgment that would end the unconstitutional discrimination these service members and their families faced,” Gillespie said. “Each of them paid a price for their service, and this judgment begins to right the many years of discrimination. Most importantly, this decision validates the service and sacrifice of all military family members. It guarantees the nation will recognize their contributions and provide the benefits they have earned.”

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Harris puts Trump on his heels in high-stakes debate

Little mention of LGBTQ issues during 90-minute showdown

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Donald Trump and Kamala Harris (Screen capture: CNN/YouTube)

In the presidential debate hosted by ABC News in Philadelphia on Tuesday, Vice President Kamala Harris put Donald Trump on the defensive over issues from foreign policy and the ongoing criminal prosecutions against him to his record and moral character.

The 90-minute exchange featured no discussion of LGBTQ issues, apart from a baseless accusation by Trump that his opponent “wants to do transgender operations on illegal aliens that are in prison.”

The remark echoed statements Trump has made recently on the campaign trail, for example in Wisconsin on Monday where he said that children are, however implausibly, returning home from school having underwent sex change operations.

Similarly, during the debate the former president asserted without evidence that Democrats favor abortions up to and following delivery, which would amount to infanticide.

“There is no state in this country where it is legal to kill a baby after it’s born,” interjected ABC News anchor Linsey Davis, a moderator, who then allowed Harris to respond.

“Well, as I said, you’re gonna hear a bunch of lies, and that’s not actually a surprising fact,” the vice president replied before addressing the question at hand, which concerned abortion.

While Harris did not address the matter of “transgender operations on illegal aliens that are in prison,” viewers on X were quick to mock the comment.

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Tim Walz celebrates Shepard family in HRC National Dinner speech

Minn. governor detailed his and running mate’s pro-LGBTQ records

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Minnesota Gov. Tim Walz speaks at the 2024 Human Rights Campaign National Dinner at the Walter E. Washington Convention Center on Sept. 7, 2024. (Washington Blade photo by Michael Key)

In a speech Saturday night at the Human Rights Campaign National Dinner, Minnesota governor and 2024 Democratic vice presidential candidate Tim Walz discussed how he came to know the Shepard family when working in Congress to pass the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

“When the final vote was coming up in the House, it was going to be close,” he said. “I walked through the House floor, through the tunnels, from the Longworth House Office Building over to the Capitol, and I made that walk with Matthew’s mom, Judy Shepard, and the sheriff who found Matthew’s body tied to that fence post in Wyoming, and I remember walking with a mother who lost her son and hearing the sheriff tell me the only place he wasn’t bloody was where the tears ran down Matthew’s eyes.”

“I watched a mother and the unbelievable pain that I couldn’t even fathom, to lose a child this way, walk with her head held high to make sure that none of the rest of us ever have to get a call from someone,” Walz said.

The governor invited the crowd to applaud for Judy and Dennis Shepard, who were in attendance, adding that the room was full of “heroes” like them who had, in ways both big and small, endeavored “to make people’s lives a little bit easier.”

Walz began his speech by highlighting the many ways in which Vice President Kamala Harris has fought “every single day on the side of the American people,” relentlessly working to expand rights and protections for the LGBTQ community throughout her career and promising to build on this legacy if she is elected president in November.

“As the DA of San Francisco, Vice President Harris took one of the toughest stances in the nation against hate crimes,” he said. “She led the fight against the hateful gay and transgender panic defense.”

Walz continued, “she went on to become the attorney general of the largest state in the country, and the moment it arrived, to defend marriage equality. And she threw her whole self into that fight. You know Kamala Harris. She doesn’t just pick these fights when she talks about it, and this is the thing to keep in mind: All she does is win. All she does is win.”

“As a U.S. senator, she fought hard for the Equality Act, introduced a bill to make sure you had access to PrEP, and as vice president, and I say this, it is not a stretch, and the facts are there, this is the most pro LGBTQ+-administration in American history,” the governor said.

“She helped President Biden pass the landmark Respect for Marriage Act requiring every state and territory to fully honor same sex and interracial marriage,” Walz said. “She helped stop the ignorant and Byzantine practice of banning gay and bisexual men from donating blood.”

Harris has worked to improve mental healthcare for LGBTQ youth, he added, and “she made human rights for LGBTQ+ individuals around the world a top priority in this nation’s foreign policy” while working with the president on “historic executive orders protecting folks from discrimination.”

Walz then turned to his own record, beginning with his career as a schoolteacher and football coach before his election to Congress. He said, “some of my students, and this is in the late 90s, we’re concerned about an uptick in bullying amongst the gay lesbian community in our school.”

When one of those students, who was in the audience Saturday, had asked him to serve as faculty advisor for the gay straight alliance club, Walz recalled, “I said ‘absolutely.’ I understood what it meant to be that older, strange, white guy” standing up for the school’s LGBTQ students in such a public manner.

In 2006, when running for Congress as a Democrat in a deep-red district, “I was in a state that advanced same sex marriage for a decade,” Walz said. “But I knew I was right, and I ran on a platform that supported equality.”

The notion that he won despite taking pro-LGBTQ and pro-choice positions is misleading, the governor said ā€” he won because of those reasons.

Walz then detailed how he fought for the repeal of “Don’t Ask, Don’t Tell” as the top Democrat on the Veterans Affairs Committee, operating under the maxim that “you don’t get elected to office to bank political capital so you can get elected again” but rather “you get elected office to burn political capital to improve [people’s] lives.”

As governor, he said, the “first thing we did is we banned conversion therapy,” and throughout his first and second terms in office, “we protected the transgender community.”

“We banned banning books,” he said, pushing back against efforts to target and remove content with LGBTQ characters and themes, a preoccupation of Republicans including the 2024 GOP presidential and vice presidential nominees Donald Trump and U.S. Sen. JD Vance (R-Ohio).

“This is what these folks are focusing on, spending all their time, like reading about two male penguins who love each other is somehow going to turn your children gay,” Walz said, setting up a contrast between the Democratic and Republican tickets.

The other side believes “the government should be free to invade every corner of our lives, our bedrooms, our kids’ schools, even our doctor’s office,” Walz said, and they have laid out a “playbook” to make that happen with Project 2025, the Heritage Foundation’s governing blueprint for a second Trump administration.

“This Project 2025 that’s out there to restrict freedoms, demonize this community, bully vulnerable children, the message is simple from all of us, and here in about 59 days, you’re going to get a chance to send that message: leave our kids the hell alone.”

Walz then pivoted to Trump’s ban on transgender military service members. “We’ve had thousands of brave transgender troops, decorated warriors, who served this country. When Donald Trump was commander-in-chief, he belittled them and he banned them from service. Thankfully, President Biden and vice president Harris rescinded that stupid, bigoted policy.”

He added, “If you want to serve this nation, you should be allowed to, and what we should do is respect that service. They should not get incoming fire from their commander-in-chief, attacking their basic dignity, humanity, and patriotism. And I will say this, I didn’t serve for 24 years in this to have those guys diminish another troop’s service.”

“We’re not going back to the discrimination,” Walz said. “We’re not going to force our children into situations where they become suicidal. We’re not going to continue to demonize people because of who they are, and we’re not going to continue to allow people in this country to go hungry or to be shot dead because we don’t make decisions that can improve that.”

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Va. lawmakers Roem, Ebbin, Henson headline Out for Harris launch party

Event held at Freddie’s Beach Bar in Arlington

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Virginia State Sen. Danica Roem (D) speaks at the Out for Harris Coalition Launch Party at Freddieā€™s Beach Bar & Restaurant in Arlington, VA Thursday. (Washington Blade photo by Christopher Kane)

ARLINGTON ā€” LGBTQ Democratic Virginia state legislators Danica Roem, Adam Ebbin, and Rozia Henson headlined an Out for Harris coalition launch party on Thursday at Freddie’s Beach Bar and Restaurant in Arlington, Va.

Following remarks by Freddie Lutz, owner and namesake of the landmark 23-year-old LGBTQ establishment, the speakers highlighted Vice President Kamala Harris and Minnesota Gov. Tim Walz’s extensive track records of advancing LGBTQ rights while also stressing the urgency of get-out-the-vote efforts with just a few weeks remaining before early ballots will be cast in Virginia.

The lawmakers also shared reflections on their time as LGBTQ officeholders who each has made history with their elected positions: Roem, as the country’s first transgender state legislator, Ebbin, as the first LGBTQ representative in the Virginia house of Delegates, and Henson, as the Virginia General Assembly’s first gay Black man.

“A historic first is first but not the last,” Roem said, adding that these wins often come with challenges, too ā€” as Ebbin, her colleague in the state senate, experienced in the time between his groundbreaking election in 2003 and the LGBTQ representation seen in the state house today, with a total of nine out lawmakers now comprising Virginia’s LGBTQ legislative caucus.

“When you put yourself out there, you wonder at what point the reinforcements are going to arrive,” she said, adding, with a smirk, “or if the closeted members who you’re serving with would just come out already.”

Roem then shared her own coming out journey, starting with her coming of age in Northern Virginia. Freddie’s was the only spot that welcomed LGBTQ young people in the ’90s and 2000s, she said, and “the first place that I felt safe to be out in public as her.”

Later, in 2004, Roem explained how she was venturing out with her hair swept across her face because, at the time, she thought, “I don’t want to be recognized; I don’t want anyone to know.” Meanwhile, Roem said, “across the country, there was a newly elected district attorney” who learned the mayor of San Francisco had blessed same-sex marriage and volunteered herself to help however she could.

Kamala Harris officiated some of the first gay and lesbian weddings, “putting herself right out there,” Roem said ā€” stressing that John Kerry and John Edwards, the Democratic Party’s 2004 presidential ticket, were opposed to same-sex marriage, as was the rest of the party.

However, she said, “For those folks in elected office who put themselves out there, people like Kamala Harris did it 20 years ago, not because it was politically popular. Prop 8 would pass four years later. Not because it was convenient, but because it was right.”

After she became a state legislator, Roem first met Harris, then a U.S. senator, at a Human Rights Campaign event, and “she tells me, hey, just remember, keep shoulders down, chin up, and remember you are exactly where you’re meant to be.”

“Five years later,” Roem said, “I’m exactly where I’m meant to be, because I’m here with y’all at Freddie’s, and this face is not being hidden by my hair unless I am head-banging” to heavy metal music “because I am not going back.”

We are not going back,” she added, “and we sure as hell are not going back to a time when the Trump administration was kicking transgender military members out of the service, banning trans troops who displayed more courage and sense of self of service than their then- commander-in-chief ever has or ever could.”

“And now, on the ballot this fall, we have friends,” Roem said. “We aren’t where we were 20 years ago, where we’re having to vote strategically; we have our allies on the ballot for president and vice president this fall, with Vice President Harris and with Governor Walz.”

Ebbin began his remarks by acknowledging the “large number of LGBTQ appointees in the administration” who were in attendance in their personal capacity. “I want to thank them for their work every day,” he said.

“When I first ran for office 21 years ago, we were not nearly as visible, we were not nearly as organized, and above all, we didn’t have leaders who always had our backs,” Ebbin said. “There were no other LGBT people in the General Assembly building when I got there, and now, with the help of Delegate Henson, we have a nine-member LGBTQ caucus.”

“You can understand why, as a Virginian, I feel passionately about Kamala Harris and Tim Walz,” he said. “They will carry our pro-LGBT Virginia values not just across the country, but all the way to the White House.”

During Ebbinā€™s remarks, an audience member interrupted with questions about the U.S. Senate Democrats who voted for the National Defense Authorization Act despite the funding packageā€™s inclusion of anti-LGBTQ riders, and the Kids Online Safety Act, legislation sponsored by U.S. Sens. Marsha Blackburn (R-Tenn.) and Richard Blumenthal (D-Conn.).

He replied, “I’m in the Virginia Senate. I’m going to not do questions right now,” offering to talk after he stepped off the stage. The heckler persisted, raising that $30 billion was allocated for weapons, likely a reference to the supply of arms to Ukraine, when Ebbin said, “I’m not in the U.S. Senate.”

Ebbin continued, “before any state in the union legalized gay marriage, San Francisco D.A. Kamala Harris took the bold step of officiating LGBT weddings back in early 2004 ā€” and keep in mind, this was at a time when here in Virginia, we’re fighting off some horrific” legislation including efforts to ban adoption by same-sex parents and the formation of gay-straight alliance clubs in schools, which were ultimately defeated.

“Over Kamala Harris’s entire career, she’s been a national leader for LGBTQ rights,” Ebbin said. “She marched in Pride parades not just in San Francisco, but as a U.S. senator and as vice president of the United States, several times, and that is powerful.”

“And then when we turn to her running mate, in 1999, Tim Walz was a teacher and a football coach at Mankato West High School, and he stepped up to advise the Gay Straight Alliance to protect gay kids from being bullied,” Ebbin said.

Walz was “there for high school kids in a red rural place, and in 2006, when he stepped up to run for Congress, he was advised not to pick a position on gay marriage, but he stepped up and he did,” he said. “He was there for us. Then on the flip side, we look at Donald Trump and J.D. Vance, who’ve not only shown us who they are but they’ve written a whole playbook, Project 2025, which is one of the most anti-LGBTQ agendas ever published.”

Ebbin added, “as Maya Angelou reminded us, “the Republican ticket is telling us exactly who they are. So, we should believe them and make sure our friends and neighbors believe them.”

The state senator was also heckled by pro-Palestine protesters who were kicked out for the disruption.

Henson began his brief remarks by telling the audience, “my job here is just to make sure we emphasize the importance of you organizing together, getting in your community, hosting teas, hosting events just like this, in order to make sure we get Kamala Harris to the White House.”

“Without you all setting the expectations and doing the groundwork, I probably would not have been the first openly gay Black state representative,” he said.

Henson thanked Ebbin for his mentorship and friendship, and for his leadership as the first out member of the Virginia General Assembly in its 400-year history. Introducing the state senator, Henson added that but for his help and guidance, “marriage equality would not be in the Commonwealth of Virginia.”

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