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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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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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Rehoboth Beach

Rehoboth’s Blue Moon sold; new owners to preserve LGBTQ legacy

‘They don’t want to change a thing’

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The Blue Moon in Rehoboth Beach was sold. (Washington Blade photo by Michael Key)

The iconic Blue Moon restaurant and bar in Rehoboth Beach, Del., has been sold to new owners who have pledged to keep it an LGBTQ-affirming space, according to longtime owner Tim Ragan.

Ragan and his partner Randy Haney sold the Blue Moon to Dale Lomas and Mike Subrick, owners of Atlantic Liquors on Route 1. 

“They don’t want to change a thing,” Ragan said. “They’re local people, they live here. Dale worked his first job at Dolle’s.”

Ragan and Haney did not sell the business, only the real estate. The deal includes a 10-year lease with renewal options under which Ragan and Haney will continue to operate the Moon. He noted that the couple could opt to sell the business at any time.

“It’s going really well so I’m not in any hurry,” Ragan told the Blade. “It’s hard to run a business and manage a property that’s 120 years old — now someone else has to fix the air conditioning. Our responsibility will be to run the business.”

Ragan offered reassurances that the Moon will continue to be a gay-friendly destination.

“Dale’s comment was that Rehoboth has been good to us and we just want to give back. The Moon is part of Rehoboth’s history and we want to preserve that.”

He said there are no immediate changes planned for the structure, apart from a new roof in the atrium that was damaged in a hail storm. Ragan noted that the property comes with several apartment rental licenses that they have never exercised and the new owners may decide to rent those out.

The Blue Moon business, at 35 Baltimore Ave., dates to 1981 and is an integral part of Rehoboth’s LGBTQ community, hosting countless entertainment events, drag shows, and more over 45 years. Local residents have celebrated birthdays, anniversaries, weddings, and other special occasions in the acclaimed restaurant. 

The two buildings associated with the sale were listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They were listed for $4.5 million. The bar and restaurant business were being sold separately. 

But then, earlier this year, the Blue Moon real estate listing turned up on the Sussex County Sheriff’s Office auction site. The auction was slated for Tuesday, April 21 but hours before the sale, the listing changed to “active under contract” indicating that a buyer had been found but the sale was not yet final.

Ragan said the issue was the parties couldn’t resolve how much was owed due to a disagreement with the bank. “We didn’t owe $3 million,” he said. “We said we’re not paying any more until we sell.” 

The sale contract was written five months ago. It took three attorneys to get a payoff amount agreed to by the bank, he added.

“No one wanted to buy both things. We now have a longterm lease. We couldn’t be happier.”

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Philippines

Filipino HIV/AIDS group questions US, Philippines health agreement

Country’s epidemic disproportionately impacts MSM, trans people

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(Photo by argus456/Bigstock)

A new health agreement between the U.S. and the Philippines has raised questions among HIV/AIDS service providers.

A joint declaration signed by the U.S. and the Philippines on April 7 sets out a plan for closer health cooperation, aimed at transitioning the Philippines toward greater autonomy and “self-reliance” in its health systems, according to a State Department statement released.

In practice, “self-reliance” in health systems refers to a country’s ability to fund, manage, and deliver care without heavy dependence on external donors. In the Philippines, programs serving LGBTQ people — particularly those focused on HIV prevention, testing and treatment — have relied in part on international funding and technical support, including from the U.S., according to UNAIDS. 

The Philippine Department of Health has led the national response to the pandemic.

The joint declaration of intent was signed under the Trump-Vance administration’s “America First Global Health Strategy.” The State Department said the agreement would involve co-funding of mutually agreed global health objectives under bilateral health cooperation between the U.S. and the Philippines in the near future.

The declaration also outlines areas of cooperation beyond financing: workforce development, health information systems, and emergency preparedness. The State Department said the framework is intended to strengthen coordination between U.S. and Philippine institutions while supporting the Philippines’ capacity to manage public health challenges independently over time. The statement does not specifically address LGBTQ health.

Similar agreements in other regions have drawn scrutiny from LGBTQ advocacy groups. 

In Africa, community organizations have warned that a shift from donor-funded, community-led health programs to government-to-government frameworks could affect access for marginalized populations, including LGBTQ people. The Washington Blade found that such changes may reduce reliance on specialized clinics that have historically provided stigma-free care, raising concerns about discrimination, privacy, and continuity of services.

Desi Andrew Ching, president of HIV & AIDS Support House in the Philippines, said the partnership presents a significant opportunity, but added that, like any large-scale international agreement, its success for the LGBTQ community will depend on how it is implemented on the ground.

“On one hand, it’s a positive move. Increased cooperation on health systems can lead to better technical support and potentially more resources for HIV/AIDS prevention and mental health — areas that deeply impact our community,” Ching told the Blade. “If the government and civil society work closely together, we could see some real progress.”

Ching said community concerns often center on where those resources ultimately go. Ching added there is a risk funds could remain within “usual” government-aligned channels or traditional implementers that may not have the trust or reach of grassroots LGBTQ organizations.

The Philippines is facing one of the fastest-growing HIV epidemics in the Asia-Pacific region, with UNAIDS statistics indicating new infections increased by about 543 percent between 2010 and 2023.

The epidemic is concentrated among key populations, particularly men who have sex with men and transgender women who account for a vast majority of new infections. A 2023 analysis found that key populations represented about 92 percent of new HIV cases in the country, underscoring the disproportionate impact on LGBTQ communities. At the same time, stigma, limited access to testing and gaps in healthcare delivery continue to shape outcomes for these groups.

Ching said that for the partnership to be effective, support would need to be closely targeted to reach those most at risk, including individuals who often avoid government facilities because of stigma and fear of judgment. 

“If the partnership prioritizes ‘community-led’ monitoring and direct support to local organizations, it will be a game-changer. If it stays at the top tier of administration, we might just see the same results as before,” Ching said.

Community-led organizations have been central to the Philippines’ HIV response, particularly in reaching LGBTQ populations often underserved by formal healthcare systems. UNAIDS notes groups such as LoveYourself have expanded testing and treatment access through community-based clinics and online outreach, including during the COVID-19 pandemic, when movement restrictions limited access to government facilities.

“To be honest, in these high-level agreements, ‘guarantees’ are hard to come by on paper. The real safeguards lie in the mechanics of implementation,” said Ching. “From the community’s perspective, we believe the best way to prevent services from being diluted is through direct involvement in the planning phase. We would like to see the funding groups and government stakeholders sitting at the same table as the community to game out the specific work plans. It should not be a top-down approach; it needs to be co-designed.”

Ching said oversight would be a critical layer of protection, adding that a dedicated point of contact, such as a U.S Agency for International Development technical lead or a similar monitor, would be needed to track how funds are used.

USAID officially shut down on July 1, 2025, after the Trump-Vance administration dismantled it.

Ching added community-led monitoring would also be necessary in addition to government oversight. He said safety and trust cannot be guaranteed by policy alone but must be built through experience, noting that community-led organizations have consistently reached the most marginalized populations. 

“Safety and trust aren’t things you can just write into a policy; they have to be built through experience,” Ching said, adding that community-based sites are often seen as more accessible and safer because they are “for us, by us.” 

He said the partnership should direct substantial support to grassroots organizations that have demonstrated an ability to overcome stigma, while strengthening coordination with government clinics. The most effective approach, he added, would combine government infrastructure with community-led delivery, allowing trusted local groups to serve as the primary point of access.

’We want a seat at the table’

According to a report by the World Health Organization on the Philippines, prevention efforts account for only about 6 percent of total HIV spending, despite a sharp rise in cases. The report said the gap has been compounded by a recent pause in U.S. funding, which has delayed the development and implementation of prevention programs and community-led responses.

Asked whether community-led LGBTQ organizations would be funded and included in implementation or sidelined under a government-led approach, Ching said that remained the central question for the community, adding that no detailed plan has yet been made public.

“But we have to be realistic about the politics — both within the government and even within civil society — that can sometimes slow things down,” said Ching. “A good baseline to look at is the UNAIDS 30-80-60 targets. These milestones are specifically designed to put community-led responses at the center of the HIV fight. If we’re being honest, as a country, we are still finding our footing in meeting those specific targets. There is a very real risk of being sidelined if the execution defaults to a standard ‘government-only’ approach.”

The UNAIDS set global targets to guide the HIV response, most notably the “95-95-95” goals for 2025. 

The framework calls for 95 percent of people living with HIV to know their status, 95 percent of those diagnosed to receive sustained treatment and 95 percent of those on treatment to achieve viral suppression. The targets were designed to reduce transmission and improve health outcomes, while also highlighting gaps in access to testing, treatment, and prevention services.

“We view this new partnership with the U.S. as a chance to course-correct. If the intention is to end AIDS as a public health threat, the data shows it simply cannot be done without the community in the driver’s seat for service delivery,” said Ching. “Our hope is that the implementation isn’t just government-led, but government-enabled. We want a seat at the table not just for the sake of being there, but to ensure the resources are actually hitting the ground where they matter most. We’re looking for a partnership that honors those 2025 milestones by making community-led organizations formal, funded partners in this roadmap.”

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