News
Udall seeks action on benefits for gay veterans
Asks Obama to stop enforcing place of residence statute for married couples


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.
Africa
Ugandan lawmakers approve new anti-homosexuality bill
Measure would ‘criminalize’ LGBTQ, intersex people

Ugandan lawmakers on Tuesday approved a bill that would further criminalize consensual same-sex sexual relations and LGBTQ and intersex people in the country.
The Associated Press reported nearly all Ugandan MPs voted for the 2023 Anti-Homosexuality Bill, which would punish the “promotion, recruitment and funding” of LGBTQ-specific activities in the country with up to 10 years in prison.
President Yoweri Museveni has said he supports the bill.
“We shall continue to fight this injustice,” tweeted Jacqueline Kasha Nabagesara, a Ugandan LGBTQ and intersex activist, after the bill’s passage. “This lesbian woman is Ugandan, even (though) this piece of paper will stop me from enjoying my country. (The) struggle (has) just begun.”
Anti homosexuality bill passed by @Parliament_Ug of Uganda. Organized crime in e house of our country is very unfortunate. We shall continue to fight this injustice. This lesbian woman is Ugandan even this piece of paper will stop me from enjoying my country. Struggle just begun pic.twitter.com/v3Pf0p9FPX
— Bombastic Kasha (@KashaJacqueline) March 21, 2023
Uganda is among the dozens of countries in which consensual same-sex sexual relations remain criminalized.
Museveni in 2014 signed the Anti-Homosexuality Act, which imposed a life sentence upon anyone found guilty of repeated same-sex sexual acts. The law was known as the “Kill the Gays” bill because it previously contained a death penalty provision.
The U.S. subsequently cut aid to Uganda and imposed a travel ban against officials who carried out human rights abuses. Uganda’s Constitutional Court later struck down the 2014 Anti-Homosexuality Act on a technicality.
“One of the most extreme features of this new bill is that it criminalizes people simply for being who they are as well as further infringing on the rights to privacy, and freedoms of expression and association that are already compromised in Uganda,” said Oryem Nyeko of Human Rights Watch in a press release that condemned the 2023 Anti-Homosexuality Act. “Ugandan politicians should focus on passing laws that protect vulnerable minorities and affirm fundamental rights and stop targeting LGBT people for political capital.”
The Washington Blade will update this article with any additional updates and reactions as they become available.
Politics
Southern Poverty Law Center condemns Ga.’s passage of anti-trans healthcare bill
Group urges Gov. Kemp to veto measure

The Southern Poverty Law Center Action Fund published a statement Tuesday condemning the Republican-controlled Georgia Legislature’s passage of S.B. 140, a bill that will criminalize gender-affirming health care for minors.
The statement, issued by Beth Littrell, senior supervising attorney of the lobbying and advocacy arm of the civil rights organization, urges Georgia Gov. Brian Kemp (R) to veto S.B. 140, calling on him to not “give into pressure from his party” when “the health and wellbeing of young people are at risk” through the denial of “safe, effective medical treatment to transgender youth — based only on prejudice and political pandering.”
Kemp should “leave personal healthcare decisions in the capable hands of parents, children, and their doctors,” Littrell’s statement continues. “We hope the governor will elevate himself and the State of Georgia above this cynical partisan attack on transgender youth, medical autonomy, and parental rights.”
S.B. 140 specifically prohibits “sex reassignment surgeries, or any other surgical procedures, that are performed for the purpose of altering primary or secondary sexual characteristics” when they are “performed on a minor for the treatment of gender dysphoria.”
“Limited exceptions” are made for the treatment of conditions other than gender dysphoria, if deemed medically necessary by the physician or healthcare practitioner, and for the treatment of patients with “a medically verifiable disorder of sex development.”
The mainstream medical societies with relevant clinical expertise have repeatedly spoken out against legislation that limits access to or criminalizes, as in the case of Georgia’s bill, guideline directed interventions for the treatment of trans and gender nonconforming youth.
On March 16, far-right GOP Rep. Marjorie Taylor Greene, who represents Georgia’s 14th Congressional District, called for the state legislature to make the bill more restrictive.
Specifically, in a tweet she urged the lawmakers to amend S.B. 140 such that treatment of gender dysphoria in minor patients with puberty blockers would be criminalized alongside the other interventions covered in the bill and also to remove the covered exceptions.
Africa
LGBTQ, intersex Ghanaians in limbo as lawmakers consider harsh ‘family values’ bill
Soldiers earlier this month raided gay party in Accra

Ghana’s LGBTQ and intersex community is currently in limbo over whether the government will impose more harsh penalties upon those who identify as LGBTQ or intersex.
Parliamentarians in 2021 introduced the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that would fully criminalize LGBTQ and intersex people, along with advocacy groups and anyone who comes out in support of them.
The measure would criminalize cross-dressing, public affection between two people of the same sex, marriage among same-sex couples or the intent to marry someone who is the same sex. The bill would also prohibit corrective therapy or surgery for intersex people.
Any person or group seen as promoting identities or prohibited acts in the bill or campaigning in support of LGBTQ and intersex people would face up to 10 years in prison. Any person who does not report consensual same-sex sexual acts could also face charges.
A parliamentary committee is currently reviewing the measure, but LGBTQ and intersex Ghanaians continue to be victimized and assaulted under existing law that criminalizes consensual same-sex sexual relations.
Ghanaian soldiers earlier this month stormed a gay party in Accra, the Ghanaian capital, and assaulted two people who were attending it.
“Military men stormed and disrupted a birthday party of alleged gay men in James Town, Accra. According to reports, some of the partygoers were injured and bled, following the military attack on the alleged LGBTQ+ persons at the party,” said Rightify Ghana, an LGBTQ and intersex rights group, in a statement. “We urge the authorities to investigate these incidents and hold those responsible accountable for their actions. The use of excessive force against civilians is never justifiable and only serves to create further division and mistrust.
“We stand in solidarity with the victims of these attacks and call on all Ghanaians to come together in support of peace and tolerance,” added Rightify Ghana. “Discrimination and violence have no place in our society, and we must all work together to create a safe and inclusive environment for all.”
Kwame Afrifa, CEO of Reflex Ghana, another LGBTQ and intersex rights group, said the Accra raid was not the first time such an event has happened. Afrifa said making the country’s armed forces more sensitive to LGBTQ and intersex rights would help curtal such incidents.
“There have been a few cases I have heard of this year and in previous years such as the closing of the LGBT+ Rights Ghana safe space, the destroying of billboards belonging to LGBT+ Rights Ghana, the arrest of human rights activists which also happened somewhere last year amongst others I haven’t come across,” said Afrifa. “Nevertheless, sensitizing LGBT+ issues would help in abating the victimization as most people are ignorant of the laws of the land and try to abuse the rights of queer persons.”
Rightify Ghana said categorizing the existence of LGBTQ and intersex people and labeling consensual intimacy between people of the same sex as deviant is a legacy of colonialism.
“The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 will continue to be a pattern of dehumanizing and silencing LGBTQ+ people, isolating them from support networks. It will also minimize, and even cover up, human rights violations,” said Rightify Ghana. “We therefore, recommend that the Committee on Constitutional, Legal and Parliamentary Affairs recommend that the Parliament of Ghana reject the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill in its entirety.”
Ghana is among the dozens of countries in which consensual same-sex sexual relations remain criminalized.
The country is one of the 10 non-permanent U.N. Security Council members. A representative from Ghana on Monday during a meeting that U.S. Ambassador to the U.N. Linda Thomas-Greenfield hosted said the Security Council is not an appropriate venue to discuss LGBTQ and intersex rights.
Daniel Itai is the Washington Blade’s Africa Correspondent.
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