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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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Books

New book profiles LGBTQ Ukrainians, documents war experiences

Tuesday marks four years since Russia attacked Ukraine

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Artur Ozerov, a drag queen who performs as AuRa and works for the Kyiv City Military Administration, prepares to perform at a nightclub in Kyiv, Ukraine, on Dec. 10, 2022. Ozeroy is among the LGBTQ Ukrainians profiled in J. Lester Feder's new book, 'The Queer Face of War: Portraits and Stories from Ukraine' (Photo by J. Lester Feder, courtesy of Outright International)

Journalist J. Lester Feder’s new book profiles LGBTQ Ukrainians and their experiences during Russia’s war against their country.

Feder for “The Queer Face of War: Portraits and Stories from Ukraine” interviewed and photographed LGBTQ Ukrainians in Kyiv, the country’s capital, and in other cities. They include Olena Hloba, the co-founder of Tergo, a support group for parents and friends of LGBTQ Ukrainians, who fled her home in the Kyiv suburb of Bucha shortly after Russia launched its war on Feb. 24, 2022.

Russian soldiers killed civilians as they withdrew from Bucha. Videos and photographs that emerged from the Kyiv suburb showed dead bodies with their hands tied behind their back and other signs of torture.

Olena Hloba (Photo by J. Lester Feder, courtesy of Outright International)

Olena Shevchenko, chair of Insight, a Ukrainian LGBTQ rights group, wrote the book’s forward.

Olena Shevchenko, leader of Insight, poses for a portrait, in Kyiv, Ukraine, on Sept. 8, 2025. (Washington Blade photo by Caroline Gutman)

The book also profiles Viktor Pylypenko, a gay man who the Ukrainian military assigned to the 72nd Mechanized Black Cossack Brigade after the war began. Feder writes Pylypenko’s unit “was deployed to some of the fiercest and most important battles of the war.”

“The brigade was pivotal to beating Russian forces back from Kyiv in their initial attempt to take the capital, helping them liberate territory near Kharkiv and defending the front lines in Donbas,” wrote Feder.

Pylypenko spent two years fighting “on Ukraine’s most dangerous battlefields, serving primarily as a medic.”

“At times he felt he was living in a horror movie, watching tank shells tear his fellow soldiers apart before his eyes,” wrote Feder. “He held many men as they took their final breaths. Of the roughly one hundred who entered the unit with him, only six remained when he was discharged in 2024. He didn’t leave by choice: he went home to take care of his father, who had suffered a stroke.”

Feder notes one of Pylypenko’s former commanders attacked him online when he came out. Pylypenko said another commander defended him.

Feder also profiled Diana and Oleksii Polukhin, two residents of Kherson, a port city in southern Ukraine that is near the mouth of the Dnieper River.

Ukrainian forces regained control of Kherson in November 2022, nine months after Russia occupied it.

Diana, a cigarette vender, and Polukhin told Feder that Russian forces demanded they disclose the names of other LGBTQ Ukrainians in Kherson. Russian forces also tortured Diana and Polukhin while in their custody.

Polukhim is the first LGBTQ victim of Russian persecution to report their case to Ukrainian prosecutors.

Oleksii Polukhin (Photo by J. Lester Feder)

Feder, who is of Ukrainian descent, first visited Ukraine in 2013 when he wrote for BuzzFeed.

He was Outright International’s Senior Fellow for Emergency Research from 2021-2023. Feder last traveled to Ukraine in December 2024.

Feder spoke about his book at Politics and Prose at the Wharf in Southwest D.C. on Feb. 6. The Washington Blade spoke with Feder on Feb. 20.

Feder told the Blade he began to work on the book when he was at Outright International and working with humanitarian groups on how to better serve LGBTQ Ukrainians. Feder said military service requirements, a lack of access to hormone therapy and documents that accurately reflect a person’s gender identity and LGBTQ-friendly shelters are among the myriad challenges that LGBTQ Ukrainians have faced since the war began.

“All of these were components of a queer experience of war that was not well documented, and we had never seen in one place, especially with photos,” he told the Blade. “I felt really called to do that, not only because of what was happening in Ukraine, but also as a way to bring to the surface issues that we’d had seen in Iraq and Syria and Afghanistan.”

J. Lester Feder (Photo by J. Lester Feder)

Feder also spoke with the Blade about the war’s geopolitical implications.

Russian President Vladimir Putin in 2013 signed a law that bans the “promotion of homosexuality” to minors.

The 2014 Winter Olympics took place in Sochi, a Russian resort city on the Black Sea. Russia annexed Crimea from Ukraine a few weeks after the games ended.

Russia’s anti-LGBTQ crackdown has continued over the last decade.

The Russian Supreme Court in 2023 ruled the “international LGBT movement” is an extremist organization and banned it. The Russian Justice Ministry last month designated ILGA World, a global LGBTQ and intersex rights group, as an “undesirable” organization.

Ukraine, meanwhile, has sought to align itself with Europe.

Ukrainian President Volodymyr Zelenskyy after a 2021 meeting with then-President Joe Biden at the White House said his country would continue to fight discrimination based on sexual orientation and gender identity. (Zelenskyy’s relationship with the U.S. has grown more tense since the Trump-Vance administration took office.) Zelenskyy in 2022 publicly backed civil partnerships for same-sex couples.

Then-Ukrainian Ambassador to the U.S. Oksana Markarova in 2023 applauded Kyiv Pride and other LGBTQ and intersex rights groups in her country when she spoke at a photo exhibit at Ukraine House in D.C. that highlighted LGBTQ and intersex soldiers. Then-Kyiv Pride Executive Director Lenny Emson, who Feder profiles in his book, was among those who attended the event.  

“Thank you for everything you do in Kyiv, and thank you for everything that you do in order to fight the discrimination that still is somewhere in Ukraine,” said Markarova. “Not everything is perfect yet, but you know, I think we are moving in the right direction. And we together will not only fight the external enemy, but also will see equality.”

Feder in response to the Blade’s question about why he decided to write his book said he “didn’t feel” the “significance of Russia’s war against Ukraine” for LGBTQ people around the world “was fully understood.”

“This was an opportunity to tell that big story,” he said.

“The crackdown on LGBT rights inside Russia was essentially a laboratory for a strategy of attacking democratic values by attacking queer rights and it was one as Ukraine was getting closet to Europe back in 2013, 2014,” he added. “It was a strategy they were using as part of their foreign policy, and it was one they were using not only in Ukraine over the past decade, but around the world.”

Feder said Republicans are using “that same strategy to attack queer people, to attack democracy itself.”

“I felt like it was important that Americans understand that history,” he said.

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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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