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Pentagon pressured to act on Nat’l Guard units denying gay benefits

Levin, Smith urge Hagel to clarify ‘all married military couples must be treated equally’

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Adam Smith, Congress, Washington, gay news, Washington Blade
Adam Smith, Congress, Washington, gay news, Washington Blade

Sen. Carl Levin (left) and Rep. Adam Smith are calling on the Pentagon to ensure gay troops can apply for spousal benefits at state National Guards. (Blade file photo by Michael Key).

Top congressional Democrats on defense issues are calling on the Pentagon to take action as additional state National Guard units are refusing to process spousal benefit applications for troops in same-sex marriages, according to a letter obtained Wednesday by the Washington Blade.

In a letter dated Sept. 30, Rep. Adam Smith (D-Wash.) and Sen. Carl Levin (D-Mich.) write to the Defense Department to express “deep concern” over the unwillingness of certain state National Guard units to process spousal benefits for troops in same-sex marriages.

“Recently, the states of Texas, Mississippi, Louisiana and Oklahoma have refused to issue or have stopped issuing ID cards in state facilities to same-sex spouses of service members,” the lawmakers write. “Citing statewide bans on marriage for same-sex couples, local policymakers have forced these spouses to travel to federal military installations to apply for their military benefits.”

The letter is significant because it’s the first time federal lawmakers have weighed in on the issue of National Guard units refusing benefit applications for same-sex couples and because Smith and Levin are the top Democrats on the House and Senate armed services committees.

Smith and Levin urge Defense Secretary Chuck Hagel to take action to reaffirm guidance he issued in August saying spousal benefits for troops in same-sex marriages should be available nationwide following the Supreme Court decision against the Defense of Marriage Act.

“We urge you to issue further guidance on this matter, reaffirming that all married military couples must be treated equally, and clarifying the state National Guards, because they are funded in large part by federal tax dollars, cannot choose to ignore this order by denying some lawfully married military couples equal access to the federal benefits to which they are entitled,” Smith and Levin write.

The number of state guard units that have announced they won’t issue spousal military IDs for troops in same-sex marriages continues to grow. On Tuesday, the South Carolina National Guard announced that in the wake of the decision, it would stop processing benefit applications altogether and direct all married couples — gay and straight to federal military installations.

According to American Military Partner Association, Indiana has started to deny benefits applications at state-run installations. The Indiana National Guard didn’t respond to a request to confirm that these benefits are being blocked. [UPDATE: After the initial publication of this article, the American Military Partner Association said Indiana rescinded the decision and will process same-sex spouses.]

Stephen Peters, president of the American Military Partner Association, echoed the sense of Smith and Levin and said the time has come for the federal government to take action.

“These service members and their families deserve better than to be treated poorly by state governors trying to score political points,” Peters said. “We again call on the Secretary of Defense for quick and decisive action.”

The Obama administration has said little in response to the state National Guard units declining the benefit applications for same-sex troops despite the Pentagon directive saying these benefits should be made available even in states that don’t recognize same-sex marriage. The Pentagon has directed troops to apply for these benefits at federal installations.

Lt. Cmdr. Nathan Christensen, a Pentagon spokesperson, declined to comment on the correspondence or its call for a federal response to the guards.

“It would be inappropriate for me to comment on the secretary’s correspondence,” Christensen said. “He responds directly to correspondence received.”

Ian Thompson, legislative representative from the American Civil Liberties Union, said the letter from House Democrats demonstrates that continued withholding of benefits at national guard installations “cannot go unaddressed.”

“The Department of Defense needs to reaffirm that, consistent with the Supreme Court’s ruling in U.S. v. Windsor, all married military couples must be treated equally, and state National Guards cannot choose to ignore this order by denying some lawfully married couples equal access to the federal benefits to which they are entitled,” Thompson said.

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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