News
Social Security to process survivor benefits for gay couples
Claims from couples in non-marriage equality states will be placed on hold
Married gay couples are now receiving Social Security benefits in the aftermath of the court decision against DOMA (Washington Blade photo by Michael Key).
The Obama administration on Monday announced the latest new policy in the aftermath of the Supreme Court ruling against Defense of Marriage Act: the Social Security Administration will now begin processing survivor’s benefits for certain married same-sex couples.
Carolyn Colvin, acting commissioner of Social Security, said in a statement that benefits will begin to flow to the surviving spouses of same-sex marriages — at least in some cases — in the same way they flow to survivors of opposite-sex marriages.
“I am pleased to announce that, effective today, Social Security is processing some widow’s and widower’s claims by surviving members of same-sex marriages and paying benefits where they are due,” Colvin said. “In addition, we are able to pay some one-time lump sum death benefit claims to surviving same-sex spouses.”
In August, the Social Security Administration announced similar policy on new benefits for same-sex couples in the aftermath of the court ruling on DOMA. But the announcement months ago pertained to retirement benefits, unlike the announcement Monday regarding survivor benefits.
But there’s a caveat to the new policy for a survivor of a same-sex marriage if both individuals in the relationship moved to a non-marriage equality state. Claims for survivor benefits or the one-time lump sum death benefit from in this situation will be placed on hold, according to Program Operations Manual System document accompanying the announcement. Social Security law looks to the state of residence, not the state of celebration, in determining whether a same-sex couple is married.
However, according to the guidance, a person in a same-sex marriage living in a non-marriage equality state is eligible for the one-time lump sum death benefit if the other person in the relationship died while living in another state that recognizes same-sex marriage.
Although the Social Security Administration is placing certain claims on hold, Colvin encourages all individuals who believe they may be eligible for Social Security “to apply now to protect against the loss of any potential benefits,” saying the agency will process these benefits upon further instructions.
The hold on survivor benefits claims from gay couples in non-marriage equality states is similar to current policy for retirement spousal benefits. Claims for retirement benefits from married gay couples in these states are still being placed on hold. The Obama administration has yet to articulate whether it’ll be able to process these claims in the aftermath of the court ruling against DOMA or if more legislative action is necessary.
Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said the announcement is welcome news, but acknowledged more action is necessary to provide appropriate benefits for same-sex couples.
“This is welcome news from the Social Security Administration but as they point out, this is not the end of the road in applying the Windsor decision to benefits owed to same-sex couples,” Cole-Schwartz said. “We look forward to continuing our work with them to ensure that as many benefits as possible are made available to couples expeditiously.”
In the statement, Colvin said her agency will continue to work the Justice Department to resolve legal issues for married same-sex couples in the aftermath of the court ruling against DOMA.
“As I stated shortly after the Supreme Court decision on Section 3 of the Defense of Marriage Act, our goal is to treat all Americans with dignity and respect,” Colvin said. “We ask for continued patience from the public as we work closely with the Department of Justice to develop policies that are legally sound so we can process claims.”
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
In an official statement released at the reveal event Capital Pride Alliance described its just announced 2026 Pride theme of “Exist, Resist, Have the Audacity” as a “bold declaration affirming the presence, resilience, and courage of LGBTQ+ people around the world.”
The statement adds, “Grounded in the undeniable truth that our existence is not up for debate, this year’s theme calls on the community to live loudly and proudly, stand firm against injustice and erasure, and embody the collective strength that has always defined the LGBTQ+ community.”
In a reference to the impact of the hostile political climate, the statement says, “In a time when LGBTQ+ rights and history continue to face challenges, especially in our Nation’s Capital, where policy and public discourse shape the future of our country, together, we must ensure that our voices are visible, heard, and unapologetically centered.”
The statement also quotes Capital Pride Alliance CEO and President Ryan Bos’s message at the Reveal event: “This year’s theme is both a declaration and a demand,” Bos said. “Exist, Resist, Have Audacity! reflects the resilience of our community and our responsibility to protect the progress we’ve made. As we look toward our nation’s 250th anniversary, we affirm that LGBTQ+ people have always been and always will be part of the United States’s history, and we will continue shaping its future with strength and resolve,” he concluded.
ACLU sues Kansas over law invalidating trans residents’ IDs
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Spring into sold
Plan your wedding the LGBTQ way
Calendar: February 27-March 5
Rob Jetten becomes first gay Dutch prime minister
More than a dozen LGBTQ athletes medal at Olympics
New book profiles LGBTQ Ukrainians, documents war experiences
PHOTOS: Queen of Hearts
