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.”
Virginia
Two gay candidates running in ‘firehouse’ Va. House of Delegates primary in Alexandria
Kirk McPike, Gregory Darrall hope to succeed delegate vying for Ebbin’s seat
Gay Alexandria City Council member Kirk McPike and gay public school teacher Gregory Darrall, who serves as vice president of the Fairfax County Federation of Teachers, are among four candidates running in a Jan. 20 “firehouse” Democratic primary for a seat in the Virginia House of Delegates.
With less than a week’s notice, Democratic Party officials in Alexandria called the primary to select a Democratic nominee to run in a Feb. 10 special election to fill the 5th House District seat being vacated by state Del. Elizabeth Bennett-Parker (D-Alexandria).
Bennett-Parker won the Democratic nomination for the Virginia Senate seat being vacated by gay state Sen. Adam Ebbin (D-Alexandria), who is resigning from the seat to take a position in the administration of Democratic Virginia Gov. Abigail Spanberger, who took office on Jan. 17.
Bennett-Parker won the nomination for the state Senate seat in yet another firehouse primary on Jan. 13 in which she defeated three other candidates, including gay former state Del. Mark Levine.
The Jan. 20 primary in which McPike and Darrall are competing will take from 8:30 a.m. to 7 p.m. in two polling places in Alexandria: the Charles E. Beatley Jr. Central Library at 5005 Duke St. and the Charles Houston Recreation Center at 901 Wythe St.
The other two candidates running are former Alexandria City School Board member Eileen Cassidy Rivera and criminal law defense attorney Chris Leibig.
McPike, who first won election to the Alexandria City Council in 2021, served for 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) prior to winning election to the Alexandria City Council.
“Now, Kirk is ready to bring his experience to Richmond to keep improving the lives of all Virginians as our delegate for House District 5,” his campaign website says. His website writeup says he and his husband, Cantor Jason Kaufman, have lived in Alexandria’s Seminary Hill neighborhood for 15 years.
“As delegate, we can count on Kirk to keep delivering for us — helping Virginia maintain our commitments to our schools, our first responders, and our efforts to address climate change, housing affordability, and infrastructure,” the website statement says.
McPike, a longtime LGBTQ rights supporter and advocate, has been endorsed by Ebbin and U.S. Rep. Don Beyer (D-Va.). Beyer said in a statement that McPike “has a proven track record of delivering results for Alexandrians.”
Darrall’s campaign website says he is a “proud progressive, lifelong educator, and labor leader running to put people first.” It says he is a political newcomer “with more than 20 years in the classroom” as a teacher who played a key role in the successful unionization of Fairfax Public Schools.
“He is a proud member and staunch supporter of the LGBTQIA+ community,” his website statement says. It says he met his husband Jose while living in Miami and the two operated a small business in South Florida for a decade before moving to Alexandria in 2015. It adds that Darrall is “fluent in Spanish, loves walking Alexandria’s neighborhoods, and is driven by a deep belief in fairness, equality, and strengthening our democracy from the ground up.”
The Alexandria Republican City Committee nominated local business executive Mason Butler as the Republican nominee for the House of Delegates seat in the Feb. 10 special election after he emerged as the only GOP candidate running for the seat, according to the Alexandria Brief publication. He will face the Democratic winner in the Jan. 20 firehouse primary.
The Washington Blade is seeking to determine GOP candidate Butler’s and Democratic candidates Leibig’s and Rivera’s positions on LGBTQ-related issues and will update this story if their positions on those issues can be determined.
Abigail Spanberger was sworn in as the 75th governor of Virginia at a ceremony on the grounds of the Virginia State Capitol on Saturday. Thousands of spectators watched the swearing-in ceremony and parade, despite the rain and temperatures in the low 40s.
Spanberger, a member of the Democratic Party and an LGBTQ ally, became the first woman to be Virginia’s governor.
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Newly-elected Attorney General Jay Jones, Lt. Gov. Ghazala Hashmi, and Spanberger were each administered the oath of office in the public ceremony.

Republican former Gov. Glenn Youngkin left the ceremony shortly after the oath of office was administered to Spanberger and before the inaugural address.
In her speech, the new governor made an appeal to bipartisanship and looking past division in our current moment.
“To my friends in the General Assembly — on both sides of the aisle — I look forward to working with you,” said Spanberger. “I know what it means to represent your constituents, to work hard for your district, and to pursue policies you believe in. We will not agree on everything, but I speak from personal experience when I say that we do not have to see eye-to-eye on every issue in order to stand shoulder-to-shoulder on others.”
Spanberger acknowledged Virginians’ frustrations with federal layoffs and governmental policy.
“I know many of you are worried about the recklessness coming out of Washington. You are worried about policies that are hurting our communities — cutting healthcare access, imperiling rural hospitals, and driving up costs,” said Spanberger. “You are worried about Washington policies that are closing off markets, hurting innovation and private industry, and attacking those who have devoted their lives to public service.”
Spanberger alluded to the Trump-Vance administration, though never mentioned President Donald Trump’s name in her remarks.
Spanberger said, “you are worried about an administration that is gilding buildings while schools crumble, breaking the social safety net, and sowing fear across our communities, betraying the values of who we are as Americans, the very values we celebrate here on these steps.”
The new governor then spoke of her priorities in office, pledging to tackle housing affordability by working to “cut red tape” and increase housing supply. Spanberger also spoke of forestalling an impending healthcare crisis by protecting access and cracking down on “middlemen who are driving up drug prices.”
Spanberger spoke of investments in education at every level, standing up for workers (including the large number of federal workers in Virginia), and taking action on gun violence.
Virginia married couple Mary Townley and Carol Schall witnessed the inauguration ceremony from the stands set up on the grounds of the Capitol. Schall and Townley are one of the plaintiff couples in the case that challenged the Virginia constitutional ban on same-sex marriage.
Same-sex marriage became legal in Virginia in 2014.
“We are delighted with the inauguration of Abigail Spanberger as governor of Virginia,” Schall told the Washington Blade. “The celebration of her inauguration was full of the beautiful diversity that is Virginia. The Virginia Pride contingent was included as a part of what makes Virginia a great place to live.”
“Such an honor to attend such a wonderful event in Virginia history,” Townley told the Blade. “The weather before the Inauguration was cold and rainy, but I believe it represented the end of a dreary time and it ushered in the dry and sunny weather by the end of the inaugural parade. Madam Governor brought us to the light!”
The inaugural parade following the governor’s remarks included a contingent from Diversity Richmond and Virginia Pride. Marchers in the LGBTQ contingent carried a giant Progress Pride flag and were met with loud cheers from the gathered spectators.

Spanberger after her inauguration signed 10 executive orders. One of them bans discrimination against state employees based on sexual orientation, gender identity, and other factors.
“By virtue of the authority vested in me as Governor under Article V of the Constitution of
Virginia, I hereby declare that it is the firm and unwavering policy of the Commonwealth of Virginia to ensure equal opportunity in all facets of state government,” reads the executive order. “The foundational tenet of this executive order is premised upon a steadfast commitment to foster a culture of inclusion, diversity, and mutual respect for all Virginians.”
Virginia
VIDEO: LGBTQ groups march in Va. inaugural parade
Abigail Spanberger took office on Saturday
The inaugural ceremonies for Virginia Gov. Abigail Spanberger were held in Richmond, Va. on Saturday. Among the groups marching in the parade were Diversity Richmond and the Virginia Pride project of Diversity Richmond.
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