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Udall seeks action on benefits for gay veterans

Asks Obama to stop enforcing place of residence statute for married couples

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Mark Udall, Democratic Party, United States Senate, Colorado, gay news, Washington Bladea
Mark Udall, Democratic Party, United States Senate, Colorado, gay news, Washington Blade

Sen. Mark Udall (D-Colo.) is calling on the Obama administration to stop enforcing portions of Title 38. (Photo public domain)

Months after the Obama administration announced it would no longer enforce a portion of U.S. code barring married gay veterans from receiving certain spousal benefits, one Colorado Democrat is calling for further action to ensure former troops receive these benefits no matter where they live.

In a letter dated Nov. 11, Sen. Mark Udall (D-Colo.) calls on President Obama to cease enforcement of Section 103(c) of Title 38 of the U.S. Code, which looks to the state of residency, not the state of celebration, in determining whether a veteran is married.

“You have been a tremendous leader in working to end discrimination against the LGBT community during your presidency, and I know you would agree that there is no military interest or other governmental purpose met in continuing to apply the law in a way that disadvantages same sex couples,” Udall writes. “In this spirit, I ask that this discriminatory action cease while efforts to change the statute proceed through Congress.”

In the wake of the U.S. Supreme Court decision against the Defense of Marriage Act, U.S. Attorney General had announced in September the administration wouldn’t enforce the portions of Title 38 that define marriage for veterans in opposite-sex terms. But other portions of the law remain under enforcement.

As noted in the Udall letter, Section 103(c) of Title 38 of the U.S. code prohibits the recognition of a veteran’s same-sex marriage if the couple apply for benefits in a state that doesn’t recognize their marriage.

“In determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued,” the law states.

According to an accompanying statement from Udall’s office, this section of the law has caused continued issues. Two Colorado residents, one of whom served in the Air Force for 10 years and was deployed four times, were denied federal VA benefits because Colorado doesn’t recognize their marriage. The couple lives in Colorado, but married in another state earlier this year.

Udall writes that Obama should apply the same standard to the section of Title 38 prohibiting recognition of gay veterans’ marriage in non-marriage equality states as he did for other sections of the law.

“Addressing this particular section of the law in Title 38 and ensuring that other veterans around the country do not suffer the same injustice my constituents have endured is important, is just and is urgent,” Udall said. “Therefore I ask you to work with the Attorney General and the VA to take immediate action.”

Some of the spousal benefits allocated under Title 38 are disability benefits, survivor benefits and joint burial at a veteran’s cemetery.

Veterans’ benefits are but one portion of U.S. code preventing benefits from flowing to married same-sex couples in non-marriage equality states even after the court decision against DOMA. The Social Security Administration has yet to announce whether it will award spousal benefits to married gay couples living in states that don’t recognize their unions because of a similar statute under Social Security law.

The White House deferred to the Department of Veterans Affairs for comment, which said the situation is currently under review.

“VA is working closely with the Department of Justice to develop guidance to process cases involving same-sex spousal benefits, and to implement necessary changes swiftly and smoothly in order to deliver the best services to all our nation’s Veterans,” said VA spokesperson Drew Brookie. “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.”

Advocates who work on issues for LGBT service members and post-DOMA implementation say they share the concerns that Udall expresses in the letter.

Stephen Peters, president of the American Military Partners Association, called for clarity from the administration.

“It was previously assumed that the announcement by the Justice Department concerning Title 38 meant that the Veterans Administration (VA) was moving toward equal recognition and support for all veterans and their families, regardless of their orientation or gender of their spouse,” Peters said. “However, there is much confusion on why veterans with same-gender spouses are still being denied equal benefits. We need a clear answer from the administration.”

Fred Sainz, vice president of communications for the Human Rights Campaign, also said the Obama administration needs to articulate a clear path forward.

“We certainly need and want clarity just as soon as possible from the VA as to how they will apply the place of residence statute,” Sainz said.

Udall’s full letter follows:

President Barack Obama
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500

Dear Mr. President,

I write today about a critical issue affecting our nation’s veterans and their families. As you know, earlier this year the Supreme Court struck down as unconstitutional the discriminatory Defense of Marriage Act. Since that time the Department of Justice has been working with federal departments and agencies to align their rules and restrictions to conform with the court’s finding in United States v. Windsor, No. 12-307, 133 S. Ct. 2675 (June 26, 2013).

It is in that context that I am requesting that you direct the Executive Branch to cease enforcement of Section 103(c) of Title 38 of the United States Code. Section 103(c) reads as follows:

“In determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued.”

In Colorado, the effect of this section of the law has been to discriminate and deny appropriate Veterans Affairs (VA) benefits to veterans and their spouses. You have been a tremendous leader in working to end discrimination against the LGBT community during your presidency, and I know you would agree that there is no military interest or other governmental purpose met in continuing to apply the law in a way that disadvantages same sex couples. In this spirit, I ask that this discriminatory action cease while efforts to change the statute proceed through Congress.

As you know, on September 4, 2013, Attorney General Holder notified Congress that, as President, you directed the Executive Branch to no longer enforce Sections 101(3) and 101(31) of Title 38 because those sections of law appear unconstitutional in light of Windsor. For the same reason, I believe it is consistent to expand the suspension of enforcement to Section 103(c).

There is a universal feeling in this country that our servicemembers, veterans and their families deserve respect and support during and after their service and the kind of discriminatory treatment this law furthers is simply unacceptable. Addressing this particular section of the law in Title 38 and ensuring that other veterans around the country do not suffer the same injustice my constituents have endured is important, is just and is urgent. Therefore I ask you to work with the Attorney General and the VA to take immediate action.

Thank you for your consideration of this request. We, as a nation, have made historic progress over the past year in furthering LGBT equality, due in large part to your leadership.

I look forward to your response and stand ready to work with you to fix this issue for all of our nation’s veterans.

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District of Columbia

Both sides propose revised orders in Capital Pride stalking case

Defendant Darren Pasha agreed to accept less restrictive directive

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Darren Pasha (Washington Blade photo by Michael Key)

An evidentiary hearing in D.C. Superior Court on April 29 in which the Capital Pride Alliance presented three of four planned witnesses to testify in support of its civil complaint that D.C. gay activist Darren Pasha engaged in a year-long effort to harass, intimidate, and stalk its staff, board members, and volunteers ended abruptly at the direction of the judge.

Judge Robert D. Okun announced from the bench that the hearing, which was intended provide Capital Pride an opportunity to present evidence in support of its request to reinstate an anti-stalking order against Pasha that the judge temporarily rescinded on April 17, was no longer needed because Pasha stated at the hearing that he is willing to accept a revised, less restrictive temporary restraining order.

Pasha made that statement after two Capital Pride witnesses — June Crenshaw and Vincenzo Volpe — each testified in support of the stalking allegations against Pasha for over an hour under questioning from Capital Pride attorney Nick Harrison and under cross-examination from Pasha, who is representing himself without an attorney.

After Capital Pride’s third witness, Tifany Royster, testified for just a few minutes, and after the judge called a recess for lunch and to attend to an unrelated case, Pasha announced that after obtaining legal advice he determined that he was unsuited to continue cross-examining the witnesses. He said he would be willing to accept a significantly less restrictive temporary restraining order.

Okun then ruled that the evidentiary hearing was no longer needed and directed Capital Pride and Pasha to submit to him their version of a revised stay away order. He said he would use their proposed revisions to help him develop his own order, which he would issue after deliberating over the matter.

He also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the case without going to trial. He then adjourned the hearing at 3:50 p.m.

The online Superior Court docket for the case stated after the hearing ended that the judge would issue “a new modified Temporary Protective Order,” but it did not say when it would be issued.   

Shortly before the April 29 hearing began at 11 a.m., Harrison filed a “Draft Temporary Anti-Stalking Order” that included a list of 34 “Protected Persons” that Harrison said during the hearing were affiliated with Capital Pride Alliance as staff and board members, volunteers, and others associated with the group.

The proposed order stated, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communications, or any other means.”

The proposal represented a significant change from Capital Pride’s initial civil complaint against Pasha filed in February that Pasha claimed called for him to stay away at least 200 yards from all Capital pride staff, board members, and volunteers without naming them. Okun granted that stay away request in February but reduced the stay away distance to 100 feet.

Capital Pride attorney Harrison disputes Pasha’s interpretation of the order, saying the 100-foot stay-away was for events, not for individual Capital Pride staff, volunteers, or board members. He said the order prohibited Pasha from engaging in any way with the Capital Pride staffers, volunteers or board members.

But the proposed order Capital Pride at first submitted at the April 29 hearing  also called for Pasha to stay away from and to not attend as many as 25 Capital Pride events scheduled to take place this year from April 30 through June 21 and for him to say away from the Capital Pride office located at 1827 Wiltberger St., N.W., which is the building in which it shares with the DC LGBTQ Community Center.

At the April 29 hearing, at Pasha’s request, Okun called on Capital Pride to consider allowing Pasha to attend at least the two largest events — the Capital Pride Parade and Festival — which draw over 500,000 participants.

Harrison said in a follow-up message to the judge following the hearing that Capital Pride would allow Pasha to attend those two events and one other as long as he stays away from “ticketed and controlled access areas.”

At an April 17 status hearing Okun rescinded the earlier stay away order at Pasha’s request, among other things, on grounds that it was too vague and didn’t provide Pasha with sufficient specific information on who to stay away from. It was at that hearing that Okun scheduled the April 29 evidentiary hearing, saying it would give Capital Pride a chance to provide sufficient evidence to justify an anti-stalking order and Pasha an opportunity to challenge the evidence.  

In his own response to the initial civil complaint filed in February and in subsequent court filings, Pasha has strongly denied he engaged in stalking and has alleged that the complaint was a form of retaliation against him over a dispute he has had with Capital Pride and its former board president, Ashley Smith.

Like its initial complaint filed in February, Capital Pride filed a multipage document at the start of the April 29 hearing with written testimony from staff members and volunteers who allege that Pasha did engage in stalking, harassment, and intimidating behavior toward them and others.

Like Capital Pride, Pasha following the April 29 hearing, filed his own proposed version of the stay away order with significantly less restrictions than the Capital Pride proposal. Among other things, it calls for him to restrict his contact with Capital Pride CEO Ryan Bos and Crenshaw but says it “does not by its terms restrict the defendant’s communications with any other person, entity, governmental body, or media outlet.”

“Darren Pasha sent multiple messages to us and to the court after the proceedings asking for further modifications — which we are not accepting or responding to,” Harrison told the Blade in response to a request for further comment on Judge’s request for each side to submit proposed revisions of the stay away order.

“We appreciate the court’s time and careful attention to the evidence presented today,” Harrison told the Washington Blade in a written statement after the hearing. “This process was about bringing forward the experiences of individuals who reported a pattern of conduct that caused fear, serious alarm, and emotional distress,” he said.

“Capital Pride Alliance remains committed to ensuring that our events and community spaces are safe, welcoming, and free from harassment and we will continue to take appropriate steps to support and protect our community,” his statement says.

“I am happy with what we have accomplished so far,” Pasha told the Blade after the hearing.  “I’m just waiting to see what will happen next. But I want to reiterate this goes back to when someone treats you wrong you speak up,” he said. “Even if I lose this case, I am glad that I spoke up and raised concerns.”

He added, “I will just be confident that in the next couple of months the truth will come out. But for now, I am happy with the progress that we have made regarding this.”

This story will be updated when the judge issues his revised stay away order.

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European Union

European Parliament backs EU-wide conversion therapy ban

More than 1.2 million people backed campaign

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(Photo by axelbueckert/Bigstock)

The European Parliament on Wednesday voted in favor of banning so-called conversion therapy across the European Union.

ACT (Against Conversion Therapy) LGBT in 2024 launched a campaign in support of the ban through the EU’s European Citizens Initiative framework. More than 1.2 million people ultimately signed it.

The proposed ban had the support of 405 MEPs. The European Commission is expected to formally respond to it by May 18.

Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.

Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.

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National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

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(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

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