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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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Netherlands

Rob Jetten becomes first gay Dutch prime minister

38-year-old head of government sworn in on Monday

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Rob Jetten (Photo via @RobJetten/X)

Rob Jetten on Monday became the Netherland’s first openly gay prime minister.

Jetten’s centrist D66 party won the country’s elections last October, narrowly defeating Geert Wilders’ far-right Party for Freedom.

King Willem-Alexander on Monday swore in Jetten, who is also the country’s youngest-ever prime minister. The Associated Press notes Jetten’s coalition government includes the center-right Christian Democrats and the center-right People’s Party for Freedom and Democracy.

“Proud to be able to do this together,” said Jetten in an X post before Willem-Alexander swore him in.

COC Nederland, a Dutch LGBTQ advocacy group, in a statement said Jetten “becoming prime minister shows that your sexual orientation doesn’t have to matter.”

“You can become a construction worker, a doctor, a lawyer, and even prime minister,” said COC Nederland.

The advocacy group noted Jetten has said his government will implement its “Rainbow Agreement” that include calls for strengthening nondiscrimination laws “to better protect transgender and intersex people,” appointing more “discrimination investigators … to address violence against LGBTQ+ people and other minorities,” and introducing measures “to promote acceptance in schools.”

“COC will hold the Cabinet to that promise,” said COC Nederland.

Jetten’s fiancé is Nicolás Keenen, an Argentine field hockey player who competed in the 2024 Summer Olympics in Paris.

Jetten is one of two openly gay heads of government: Andorran Prime Minister Xavier Espot Zamora came out in 2023. Gay Latvian President Edgars Rinkēvičs, who is the country’s head of state, took office in 2023.

Leo Varadkar, who was Ireland’s prime minister from 2017-2020 and from 2022-2024, and Xavier Bettel, who was Luxembourg’s prime minister from 2013-2023, are gay. Ana Brnabić, who was Serbia’s prime minister from 2017-2024, is a lesbian.

Former Icelandic Prime Minister Jóhanna Sigurðardóttir in 2009 became the world’s first openly lesbian head of government. Former Belgian Prime Minister Elio Di Rupo, former San Marino Captain Regent Paolo Rondelli, and former French Prime Minister Gabriel Attal are also openly gay.

Colombian presidential candidate Claudia López, who is the former mayor of Bogotá, the Colombian capital, would become her country’s first female and first lesbian president if she wins the country’s presidential election that is taking place later this year.

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District of Columbia

D.C. police arrest man for burglary at gay bar Spark Social House  

Suspect ID’d from images captured by Spark Social House security cameras

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Spark Social House (Washington Blade photo by Michael Key)

D.C. police on Feb. 18 arrested a 63-year-old man “of no fixed address” for allegedly stealing cash from the registers at the gay bar Spark Social House after unlawfully entering the bar at 2009 14th St., N.W., around 12:04 a.m. after it had closed for business, according to a police incident report.

“Later that day officers canvassing for the suspect located him nearby,” a separate police statement says. “63-year-old Tony Jones of no fixed address was arrested and charged with Burglary II,” the statement says.

The police incident report states that the bar’s owner, Nick Tsusaki, told police investigators that the bar’s security cameras captured the image of a man who has frequently visited the bar and was believed to be homeless.

“Once inside, the defendant was observed via the establishment’s security cameras opening the cash register, removing U.S. currency, and placing the currency into the left front pocket of his jacket,” the report says.

Tsusaki told the Washington Blade that he and Spark’s employees have allowed Jones to enter the bar many times since it opened last year to use the bathroom in a gesture of compassion knowing he was homeless. Tsusaki said he is not aware of Jones ever having purchased anything during his visits.

According to Tsusaki, Spark closed for business at around 10:30 p.m. on the night of the incident at which time an employee did not properly lock the front entrance door. He said no employees or customers were present when the security cameras show Jones entering Spark through the front door around 12:04 a.m. 

Tsusaki said the security camera images show Jones had been inside Spark for about three hours on the night of the burglary and show him taking cash out of two cash registers. He took a total of $300, Tsusaki said.

When Tsusaki and Spark employees arrived at the bar later in the day and discovered the cash was missing from the registers they immediately called police, Tsusaki told the Blade. Knowing that Jones often hung out along the 2000 block of 14th Street where Spark is located, Tsusaki said he went outside to look for him and saw him across the street and pointed Jones out to police, who then placed him under arrest.

A police arrest affidavit filed in court states that at the time they arrested him police found the stolen cash inside the pocket of the jacket Jones was wearing. It says after taking him into police custody officers found a powdered substance in a Ziploc bag also in Jones’s possession that tested positive for cocaine, resulting in him being charged with cocaine possession in addition to the burglary charge.

D.C. Superior Court records show a judge ordered Jones held in preventive detention at a Feb. 19 presentment hearing. The judge then scheduled a preliminary hearing for the case on Feb. 20, the outcome of which couldn’t immediately be obtained. 

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District of Columbia

Judge rescinds order against activist in Capital Pride lawsuit

Darren Pasha accused of stalking organization staff, board members, volunteers

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Darren Pasha (Washington Blade photo by Michael Key)

A D.C. Superior Court judge on Feb.18 agreed to rescind his earlier ruling declaring local gay activist Darren Pasha in default for failing to attend a virtual court hearing regarding an anti-stalking lawsuit brought against him by the Capital Pride Alliance, the group that organizes D.C.’s annual Pride events.

The Capital Pride lawsuit, initially filed on Oct. 27, 2025, accuses Pasha of engaging in a year-long “course of conduct” of “harassment, intimidation, threats, manipulation, and coercive behavior” targeting Capital Pride staff, board members, and volunteers.

In his own court filings without retaining an attorney, Pasha has strongly denied the stalking related allegations against him, saying “no credible or admissible evidence has been provided” to show he engaged in any wrongdoing. 

Judge Robert D. Okum nevertheless on Feb. 6 approved a temporary stay-away order requiring Pasha to stay at least 100 feet away from Capital Pride’s staff, volunteers, and board members until the time of a follow-up court hearing scheduled for April 17. He reduced the stay-away distance from 200 yards as requested by Capital Pride.

In his two-page order issued on Feb. 18, Okun stated that Pasha explained that he was involved in a scooter accident in which he was injured and his phone was damaged, preventing him from joining the Feb. 6 court hearing.

“Therefore, the court finds there is a good cause for vacating the default,” Okun states in his order.

At the time he initially approved the default order at the Feb. 6 hearing that Pasha didn’t attend, Okun scheduled an April 17 ex parte proof hearing in which Capital Pride could have requested a ruling in its favor seeking a permanent anti-stalking order against Pasha.

In his Feb. 18 ruling rescinding the default order Okun changed the April 17 ex parte proof hearing to an initial scheduling conference hearing in which a decision on the outcome of the case is not likely to happen.

In addition, he agreed to consider Pasha’s call for a jury trial and gave Capital Pride 14 days to contest that request. The Capital Pride lawsuit initially called for a non-jury trial by judge.

One request by Pasha that Okum denied was a call for him to order Capital Pride to stop its staff or volunteers from posting information about the lawsuit on social media. Pasha has said the D.C.-based online blog called DC Homos, which Pasha claims is operated by someone associated with Capital Pride, has been posting articles portraying him in a negative light and subjecting him to highly negative publicity.

“The defendant has not set forth a sufficient basis for the court to restrict the plaintiff’s social media postings, and the court therefore will deny the defendant’s request in his social media praecipe,” Okun states in his order. 

A praecipe is a formal written document requesting action by a court.

Pasha called the order a positive development in his favor. He said he plans to file another motion with more information about what he calls the unfair and defamatory reports about him related to the lawsuit by DC Homos, with a call for the judge to reverse his decision not to order Capital Pride to stop social media postings about the lawsuit.    

Pasha points to a video interview on the LGBTQ Team Rayceen broadcast, a link to which he sent to the Washington Blade, in which DC Homos operator Jose Romero acknowledged his association with Capital Pride Alliance.

Capital Pride Executive Director Ryan Bos didn’t immediately respond to a message from the Blade asking whether Romero was a volunteer or employee with Capital Pride. 

Pasha also said he believes the latest order has the effect of rescinding the temporary stay away order against him approved by Okun in his earlier ruling, even though Okun makes no mention of the stay away order in his latest ruling. Capital Pride attorney Nick Harrison told the Blade the stay away order “remains in full force and effect.”

Harrison said Capital Pride has no further comment on the lawsuit.

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