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Social Security to process survivor benefits for gay couples

Claims from couples in non-marriage equality states will be placed on hold

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Proposition 8, Prop 8, DOMA, Defense of Marriage Act, Supreme Court, gay rights, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

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.”

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Germany

1 dead, 15 injured when van drives into crowd at Berlin Pride

Incident took place in city’s Tiergarten park

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(Washington Blade photo by Ernesto Valle)

At least one person died on Saturday when a van drove into a crowd at Berlin’s annual Pride march.

German media reports indicate the incident took place shortly before 10 p.m. local time (4 p.m. ET) in Tiergarten park.

Berlin police say “the driver of a white vehicle … struck several people.”

At least 15 people were injured, with some of them having “life-threatening injuries.” The driver remains at-large, and the police have launched a manhunt to find them.

Hundreds of thousands of people participate in the annual Christopher Street Day parade — which is one of Europe’s largest Pride events — that winds its way through Berlin. Tiergarten is near June 17 Street and the Brandenberg Gate where post-parade parties and concerts take place.

Authorities cancelled the remaining Pride events after the incident.

The Washington Blade will update this story.

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Virginia

Winsome Earle-Sears launches campaign against Va. marriage equality amendment

Former LG lost to Abigail Spanberger in 2025 gubernatorial race

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Former Virginia Lt. Gov. Winsome Earle-Sears (Washington Blade photo by Michael Key)

Less than a year after losing Virginia’s gubernatorial race, former Lt. Gov. Winsome Earle-Sears is campaigning across the state against constitutional amendments that would protect marriage equality and reproductive freedom.

She is launching a statewide “Life and Marriage Tour” ahead of November’s election.

Although same-sex couples can legally marry under the U.S. Supreme Court’s 2015 Obergefell v. Hodges decision, Virginia’s constitution still contains language that defines marriage as between one man and one woman. Supporters say removing the language would protect marriage equality should federal precedent change.

The original ban was written into the state constitution in 2006. 

It has been hinted at in the past by Supreme Court Judge Clarence Thomas that he would consider revisiting Obergefell v. Hodges regarding contraception and marriage rights for same-sex couples. He stated this in his concurring opinion regarding the Dobbs v. Jackson ruling, which allows for state-level abortion bans.

Equality Virginia Executive Director Narissa Rahaman said removing the ban would bring the state’s constitution in line with existing law.

“20 years after banning marriage equality, it’s time for our commonwealth to fully complete our evolution — and finish the job on protecting marriage equality for all,” Rahaman said.

In an email to supporters, Earle-Sears said these amendments “raise serious concerns” and could alter principles about which Virginians care.

“That is why our efforts are focused not only on informing voters, but also encouraging them to carefully consider these proposals and vote NO on both amendments,” Earle-Sears said.

Virginia voters will consider three constitutional amendments this November.

Earle-Sears is campaigning for voters to reject two of them: the Virginia Remove Constitutional Same-Sex Marriage Ban Amendment and the Right to Reproductive Freedom Amendment.

A “Yes” vote on the Same-Sex Marriage Ban Amendment would include removing a provision that states marriage is between one man and one woman and prohibitng the state from denying a marriage license to two adults based on their sex, gender, or race, according to the Virginia Department of Elections.

In 2025, during debates against now Gov. Abigail Spanberger, Earle-Sears argued it is not discrimination to think that gay people should not be allowed to marry. She claims it conflicts with her faith.

According to ABC 8, in 2024 she wrote that she had a “moral opposition” to marriage equality, after former Gov. Glenn Youngkin, a Republican, signed a marriage equality bill that barred denying marriage licenses based on sex, gender, or race.

According to the Virginia Department of Elections, a “Yes” vote on the Reproductive Freedom amendment supports adding a section to the state constitution that would give Virginians the right to make and carry out decisions regarding reproductive healthcare, except in specific exemptions.

The Virginia Department of Elections wrote that if accepted, the amendment would allow the state government to pass laws to regulate abortion care in the third trimester of pregnancy, but require abortion care when it is medically needed to protect the life and health of the pregnant person or because the fetus is not viable.

During the 2025 election cycle, Earle-Sears was clear on her anti-abortion stance.

According to the Virginia Independent, she utilized campaign funds to donate to the Family Foundation of Virginia. The group is a faith-based, anti-abortion, and anti-in vitro fertilization non-profit.

The “Life and Marriage Tour” will include traveling throughout Virginia to speak with citizens, churches, community organizations, and local leaders. The exact locations have yet to be announced.

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National

At Alliance Defending Freedom’s summit, church and state are one

House Speaker Mike Johnson (R-La.) among speakers

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House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

Uncloseted Media published this article on July 23.

By SPENCER MACNAUGHTON | Earlier this month, hundreds of people filled a conference room in San Diego. These included Speaker of the House Mike Johnson, Assistant Secretary of Health Admiral Brian Christine, OpenAI executive Dean Ball, and the attorneys general of West Virginia and Idaho.

They all came together for Alliance Defending Freedom’s 2026 Summit. The Christian legal group, also a Southern Poverty Law Center-designated anti-LGBTQ hate group, described the event as a “gathering of leaders from many different spheres, including law, public policy, media, business, education, and Christian leadership.”

Johnson — who has said that “homosexual relationships are inherently unnatural and … society cannot give its stamp of approval to such a dangerous lifestyle” — was a featured speaker.

In his speech, he seemed unconcerned with the separation of church and state: “It is so encouraging to Kelly and I to be among friends and fellow warriors for this cause and people who understand that God is not done with America yet. … ADF’s on the very tip of the spear, front line, defending those very truths and keeping the door open for the spread of the Gospel. This is our moment. I’m telling you, I believe the next season … is going to be the greatest season of this ministry since its inception.”

That ministry is one that has espoused aggressively anti-LGBTQ views since its inception in the early 1990s. It was co-founded by a group of evangelical men, including Alan Sears, who co-authored a book called “The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today.” Since then, ADF has opposed gay marriage and supported bans on gay sex and on gender-affirming care for minors.

After helping overturn Roe v. Wade, ADF lawyers have led key victories at the Supreme Court. In 303 Creative v. Elenis, SCOTUS ruled that a website designer could refuse service to gay weddings. And this year they convinced the Court to overturn Colorado’s ban on conversion therapy and to uphold state laws in West Virginia and Idaho that ban trans girls from playing on girls’ sports teams.

At the summit, ADF President Kristen Waggoner, who has promoted conversion therapists and consistently misgenders trans people, interviewed these states’ attorneys general.

“The lawyers who were defending women’s sports were among the best I’ve ever seen in my entire life,” West Virginia Attorney General JB McCuskey told Waggoner.

Similar to Johnson, Trump’s Assistant Secretary of Health Christine showed his commitment to governing based on conservative Christianity. He gave a Bible-thumping speech against gender transition and trans healthcare, saying that it “contradicts … the deeper moral order that is woven into creation itself. For Genesis 1:27 informs us that God created man in his own image. … Male and female” He also said the “complementary relationship between man and woman is divine” and advocated for youth with gender dysphoria to receive care from a pastor.

All of these remarks from politicians made me think of the interview I published earlier this week with Pete Hegseth’s pastor, Doug Wilson. He wants a Christian theocracy in America and told me that: both the perpetrator and the victim should be disciplined in some cases of marital rape; that transgender people are “sad;” that execution is justifiable for certain homosexual acts; and that gay sex should be illegal.

The ADF Summit is glossy and polished. And while its messaging may be less explicit than Pastor Wilson’s, the track record of the organizations shows they have the exact same desires. They’re just deeply strategic in what they say and when and how they say it.

I believe the political power players who attended this year’s summit know this. They know they are endorsing an organization whose members have essentially called for the illegalization of most — if not all ‚ forms of queer behavior and presentation.

In the last few years, these perspectives have become increasingly embedded in the highest rooms of the federal government and they have been effective in stripping away LGBTQ rights. Wilson, who just installed a full-time pastor in Washington to lead services, says there are 10 to 20 government officials who align with his church’s ideology.

It is vital for Americans to keep their eyes wide open to the ultimate goal of groups like ADF: to create a United States that leaves LGBTQ people without rights and that pushes us back in the closet.

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