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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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2 Comments

2 Comments

  1. Richard G. Roy

    December 16, 2013 at 11:59 pm

    You must have been married for at least 10 years to claim a survivor's benefit anyway. That leaves out many currently married same sex couples for quite while.

  2. Trevan Ross

    December 17, 2013 at 4:00 am

    I personally believe that sooner or later we WILL see a case brought before the Supreme Court that will finally require enforcement of the Official Acts clause of the Constitution. Truth is, any state who refuses to recognize the official acts of any other state is in violation of the Constitution. We've just been ignoring it.

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Columbia University researcher helps evacuate LGBTQ Afghans

Taylor Hirschberg working with Belgian lawmaker

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Taylor Hirschberg (Photo courtesy of Taylor Hirschberg)

Some of the 50 human rights activists that a Columbia University researcher has helped evacuate from Afghanistan since the Taliban regained control of the country are LGBTQ.

A press release the Washington Blade received notes Taylor Hirschberg — a researcher at the Columbia Mailman School of Public Health who is also a Hearst Foundation scholar — has worked with Belgian Sen. Orry Vandewauwer to help 50 Afghan “activists leave the country.”

“The refugees included those who identify as LGBTQI+ or gender non-conforming and their families,” notes the press release.

The Blade has seen the list of names of the more than 100 people that Hirschberg and Vandewauwer are trying to evacuate from Afghanistan. These include the country’s first female police officer, the independent U.N. expert on Afghanistan and a number of LGBTQ activists.

“There are many more human rights advocates we are still trying to get out of the country,” said Hirschberg.

Hirschberg has previously worked in Afghanistan.

He and Vandewauwer were also once affiliated with Skateistan, an NGO that works with children in the Middle East and Africa. The documentary “Learning to Skateboard in a Warzone” features it.

Two men in Kabul, Afghanistan, in July 2021 (Photo courtesy of Dr. Ahmad Qais Munzahim)

The Taliban entered Kabul, the Afghan capital on Aug. 15 and toppled then-President Ashraf Ghani’s government.

A Taliban judge over the summer said the group would once again execute gay men if it were to return to power in Afghanistan.

The U.S. evacuated more than 100,000 people from the country before American troops completed their withdrawal from the country on Aug. 30. It remains unclear whether the U.S. was able to successfully evacuate LGBTQ Afghans from Kabul International Airport, but Immigration Equality earlier this month said it spoke “directly” with 50 LGBTQ Afghans before the U.S. withdrawal ended.

Secretary of State Antony Blinken on Sept. 13 during a House Foreign Affairs Committee hearing expressed concern over the fate of LGBTQ Afghans who remain in the country.

The Human Rights Campaign; Immigration Equality; the Council for Global Equality; Rainbow Railroad; the International Refugee Assistance Project and the Organization for Refuge, Asylum and Migration have called upon the Biden administration to develop a 10-point plan to protect LGBTQ Afghans that includes prioritizing “the evacuation and resettlement of vulnerable refugee populations, including LGBTQI people.” Canada is thus far the only country that has specifically said it would offer refuge to LGBTQ Afghans.

Hirschberg on Monday told the Blade that he and Vandewauwer have charted an airplane to evacuate Afghans, but they have not secured a “third country” to which they can bring them.

“Currently, we are working towards a multi-country collaboration for resettlement,” he said. “Our work has now expanded to include election officials and women activists, including those from the LGBTQI+ community.”

Hirschberg also urged the U.S. and humanitarian organizations to do more to help evacuate LGBTQ people, human rights activists and others from Afghanistan 

“I understand that this is complicated and that I do not have all the working pieces but why does the United States ignore those who helped in building their agenda in Afghanistan. The same goes for multilateral organizations,” he told the Blade. “Why are neither funding charters and creating agreement with partnering states? If they are why have the not contacted the countries that we are creating collaborations with?” 

Editor’s note: Hirschberg is a Blade contributor.

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Liz Cheney: ‘I was wrong’ to have opposed same-sex marriage

Trump critic reverses after public spat with lesbian sister

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Rep. Liz Cheney (R-Wyo.) (Photo via Facebook)

Rep. Liz Cheney (R-Wyoming), one of handful of Republicans who have criticized President Trump in his actions to attempt to overturn his defeat in the 2020 election, has now said she “was wrong” to have opposed same-sex marriage.

Liz Cheney, whose sister Mary Cheney is a lesbian and married to a woman, made the comments during an interview on “60 Minutes” that aired Sunday night after Lesley Stahl asked the Republican about her one-time opposition to marriage rights for gay couples.

“I was wrong. I was wrong,” Liz Cheney said, whose opposition to same-sex marriage had formerly made her estranged to her sister. The two have since reconciled.

“I love my sister very much. I love her family very much, and I was wrong,” added Liz Cheney, who appeared emotional. “It’s a very personal issue and very personal for my family. I believe my dad was right, and my sister and I have had that conversation.”

Cheney makes the comments after she has been ostracized by the Republican Party over her vote to impeach former President Trump and her participation in the congressional panel on the Jan. 6 insurrection at the U.S. Capitol.

Liz Cheney has publicly come to regret her former opposition to same-sex marriage after a sea change in public opinion on the issue. For the first time this year, a majority of Republicans, 55 percent, are in support of marriage rights for gay couples and a record high of 70 percent of Americans are behind it, according to a Gallup poll released in June.

Blade readers remember the public spat Liz and Mary Cheney had over same-sex marriage in the 2013, which reflected the division over the issue at the time among conservatives, when the former when first considering a congressional run.

Former Vice President Richard Cheney, the father of the two and considered an early supporter of same-sex marriage, with his spouse Lynne Cheney acknowledged in a statement at the time family conflict over same-sex marriage “is an issue we have dealt with privately for many years, and we are pained to see it become public.”

“Liz has always believed in the traditional definition of marriage,” Richard and Lynne said at the time. “She has also always treated her sister and her sister’s family with love and respect.”

Since that time, the U.S. Supreme Court has ruled in favor of same-sex marriage nationwide. Liz Cheney as a member of Congress never had an option to weigh in the issue of same-sex marriage, having been seated well after the 1996 Defense of Marriage Act and the Federal Marriage Amendment were debated in Congress.

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Mexicans with HIV/AIDS struggle with treatment access

Government in 2019 created new health care entity

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Roberto Navarro (Photo courtesy of Roberto Navarro)

Roberto Navarro has been a dancer since he was 17. Jazz became his passion and he fell in love with classical dancing after he took many classes. And he began to teach four years later.

“I’m so happy when I teach dancing to my girls because they bring me so much joy, I feel like I help my girls to become better women, without noticing I’m some kind of a therapist,” Navarro told the Washington Blade. 

He discovered the discipline of dancing in heels in 2014, which made him connect and explore more with his sexuality. He did, however, suffer a lot of bullying because of it.

Navarro — a 33-year-old gay man who is originally from Sahuayo de Morelos in Michoacán state —  currently owns a dance salon. Navarro said he started to become an entrepreneur, but it hasn’t been easy because of the pandemic. 

He was diagnosed with HIV in 2016. Navarro suffered from depression for several months after he learned his status.

“I woke up very overwhelmed in the morning thinking that I had to go to the hospital to make a long line of patients; to have blood drawn for fast screening tests,” he said. “We arrived at 7 in the morning and left until 1 in the afternoon.”

Navarro has been receiving treatment for almost five years, and he is still dancing.

“Subsequently, I went to my consultations every three or six months depending on my results,” he stated. “By the third month I was undetectable.”

Navarro started with Atripla, an antiretroviral drug he received through Mexico’s Seguro Popular, and he was undetectable a month later. 

A shortage of Atripla forced a change to Biktarby after President Andrés Manuel López Obrador in 2019 scrapped Seguro Popular and created the Health Institute for Wellbeing (INSABI). The pharmaceutical company Gilead has said there are many counterfeit versions of the drug on the market.

Seguro Popular in 2018 had almost 52 million beneficiaries. The National Council for the Evaluation of Social Development Policy (CONEVAL) said INSABI at the end of 2020 had more than 34 million beneficiaries.

Antiretroviral drugs have been available in Mexico since 2003, although the Mexican health system is divided into various subsystems based on where one works.

  • Institute of Social Security and Services for State Workers (ISSSTE)
  • Mexican Institute of Social Security (IMS)
  • INSABI (Health Institute for Wellbeing) that was previously known as the Seguro Popular

They vary in the time it takes to receive medication and the time for CD4 viral load tests. The availability of appointments with infectious disease specialists varies in each of the three public health systems.

People with INSABI will take longer to get tests and have access to doctors. It must also be recognized that everyone, in theory, has the possibility of accessing medicines, but it also depends on the states in which they live. 

There are three health care systems in Mexico. (Washington Blade photo by Michael K. Lavers)

From Seguro Popular to INSABI

The number of people without access to healthcare in Mexico rose from 20 million to almost 36 million between 2018-2020. INSABI, more than a year after its creation, still does not completely cover the same amount as its predecessor.

INSABI is an independent agency through the Ministry of Health that aims to “provide and ensure the free provision of health services, medicines and other inputs associated with people without social security.” The General Health Law says it was to replace Seguro Popular, which was in place from 2004-2019.

“The situation for treatment right now, it’s quite complex, particularly because there have been many changes in the health department of Mexico, and this has to do with the fact that in 2003 when the Seguro Popular was established; there was an increase to comprehensive care for people living with HIV and resources for prevention strategies which are mainly handled through civil society organizations that obtained money from the government.” stated Ricardo Baruch, who has worked at the International Family Planning Federation for almost 15 years.

López,, who took office in 2018, sought to eliminate Seguro Popular, which was the mechanism by which access to antiretroviral drugs were given to most people living with HIV in the states with greater vulnerability. This change was done in theory to expand access for everyone, but the opposite happened.

There is less access due to the modification of purchasing mechanisms and a huge shortage throughout the country. Baruch says this situation has caused a treatment crisis across Mexico.

“The truth is that the Seguro Popular helped me a lot to have my treatments on time, what I do not like is that there is not enough staff to attend all the patients that we are waiting for our consultations,” said Erick Vasquez, a person who learned in February he is living with HIV.

Vasquez, 34, is an artist who works in Guadalajara and Playa del Carmen. 

Vasquez did not have health insurance like other people through IMS. He obtained access to Seguro Popular through an organization that supports people with HIV, but he has to wait until October for his first appointment.

Vasquez, who has a very low viral load, in March began a job through which he obtained IMS. He had access to his treatments through it.

He received three months worth of Biktarvy at the end of June; one prescription for each month. He said the drug is not difficult to obtain.

“I have not had any problem with the medication, it is not difficult to get it when you are on the insurance, but there is still a long time left until October,” said Vasquez.

The cost of the antiretroviral treatment in Mexico is approximately $650 per month, and one bottle has only 30 pills. 

“I have not had side effects, I have not had nausea, I don’t vomit, I take a pill daily, it is one every 24 hours,” Vasquez said. “I feel very well and I hope very soon to be undetectable.”

Members of the Gay Men’s Chorus of Mexico City who are living with HIV perform at Clínica Condesa, a public health clinic in Mexico City, on July 21, 2019. The clinic’s 20th anniversary coincided with the International AIDS Society’s Conference on HIV Science that took place in the Mexican capital. (Washington Blade photo by Michael K. Lavers)

Infrastructure over health 

Prevention resources were eliminated, and health resources today are used to finance the Felipe Ángeles International Airport at the Santa Lucía military base in Zumpango in Mexico state, a new refinery, the Mayan train and other major infrastructure projects. And this causes many people who want to access treatment not to receive them. It takes much 

The cost of the work, including the land connected with the Mexico City International Airport and various military facilities, is set at 82,136,100,000 Mexican pesos and there are provisions to serve 19.5 million passengers the first year of operations, according to a report from the Secretariat of National Defense (SEDENA). 

There are, on the other hand, far fewer HIV tests and this shortage has led to a much higher arrival of late-stage HIV cases and even AIDS in hospitals. This trend is particularly serious among transgender women and men who have sex with men.

“Here in Mexico we concentrate the HIV pandemic, and that we are at a time when this issue of shortages has not stabilized, that there is already more clarity in purchases, but it is well known that all these changes in health systems continue for a year over the years they cause the situation to be increasingly fragile and in the matter of migrants that previously there was certainty so that they could access medicines through the Seguro Popular, now there is a legal limbo for which in some states it depends: on the states, the clinic or social worker; whether or not they give you medications,” said Baruch.

“If you are not a resident or a national here in Mexico, this is a matter won for people in transit seeking political asylum or who had stayed in Mexico,” he added.

Migrants lack access to HIV treatment

Mexico is located between the three regions with the world’s highest rates of HIV: the Caribbean, Central America, and the U.S. This has been used as a foundation for a culture of hatred against migrants, according to Siobhan McManus, a biologist, philosopher, and researcher at the Center for Interdisciplinary Research in Sciences and Humanities of the National Autonomous University of Mexico.

The lack of opportunities, violence and climate change that forces people whose livelihoods depend on agriculture to abandon their homes prompts migration from Central America.

Most migrants — LGBTQ or otherwise — experience violence once they arrive in Mexico.

Migrants wait for humanitarian visas at the Ciudad Hidalgo port of entry in Ciudad Hidalgo, Mexico, on Jan. 30, 2019. (Washington Blade photo by Michael K. Lavers)

Chiapas and other states have created an extensive network of clinics known by the Spanish acronym CAPASITS (Centro Ambulatorio para la Prevención y Atención en SIDA e Infecciones de Transmisión Sexual) that are specific HIV and STD units in major towns. They are often within close proximity to most people’s homes.

Sonora and Chihuahua states, which border the U.S., often have such clinics in only one or two cities. This lack of access means people will have to travel up to six hours to access these treatments.

People who have already been receiving treatment for a long time were previously given up to three months of treatment. They now must travel every month to receive their medications because of the shortages.

PrEP available in Mexico

The shortage of medical drugs for people who already live with HIV is a current issue for the Mexican government, but they have made free PrEP available for those who want to prevent themselves from the virus. 

Ivan Plascencia,  a 24-years old, who lives in Guadalajara, the capital of Jalisco state , has been using PrEP for several years since he became sexually active and he never had any complaints about the medication. Plascencia instead recommends his close friends to take advantage of this prevention drug that is available in one of the CAPASITS where he lives.

Post-pandemic screening tests

There are an estimated 260,000 people in Mexico who are living with HIV. Upwards of 80 percent of them knew their status before the COVID-19 pandemic.

The number of new cases that were detected in 2020 were 60 percent less than the previous year, but this figure does not mean HIV rates have decreased. 

In Jalisco, which is one of Mexico’s most populous states with upwards of 8 million people, there was a 40 percent increase in positive cases in 2020 compared to 2019. This increase has put a strain on service providers.

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