News
DOJ faces renewed call to provide benefits to gay veterans
Udall leads seven senators in requesting action from Obama administration


Sen. Mark Udall (D-Colo.) is renewing his call for the Obama administration to stop enforcing portions of Title 38 (Photo public domain).
Pressure is increasing on the Obama administration to ensure gay veterans have access to spousal benefits everywhere they go in the country as additional U.S. senators are joining others in a call for action.
In a letter dated Jan. 16 to U.S. Attorney General Eric Holder, seven senators — led by Sen. Mark Udall (D-Colo.) — call on the Obama administration to stop enforcing 103(c) of Title 38 to ensure gay veterans in same-sex marriages can receive spousal benefits.
“We believe taking this action is an important part of DOJ’s responsibility to implement and enforce the legal doctrine created in Windsor,” the senators writes. “Further, if the VA is able to apply 103(c) so that all marriages legally entered into will be recognized, it will provide continuity with the Department of Defense policy that applies to active duty service members and avoid a situation where the federal government is recognizing a person’s marriage one day and ignoring it the next.”
Joining Udall is signing the letter are Sens. Jeanne Shaheen (D-N.H.), Richard Blumenthal (D-Colo.), Barbara Boxer (D-Calif.), Chris Coons (D-Del.) and Jeff Merkley (D-Ore.) as well as lesbian Sen. Tammy Baldwin (D-Wis.).
A portion of the law governing veterans’ benefits, 103(c) of Title 38, looks to the state of residence, not the state of celebration, in determining whether a couple is married. That means if a gay couple in which one partner is a veteran weds in a marriage-equality state like New York, but moves to non-marriage equality state like Colorado, the couple won’t be able to apply for these benefits.
The letter emphasizes that the place of residence rule for spousal benefits isn’t a hypothetical problem for gay couples because many have already been denied benefits under this statute. Some of the spousal benefits allocated under Title 38 are disability benefits, survivor benefits and joint burial at a veteran’s cemetery.
“Over the last few months, there have been specific instances of legally married couples who were denied VA spousal benefits solely because of their gender and place of residence,” the letter states.
The Obama administration has already taken some action on this issue. In the wake of the Supreme Court decision against DOMA, the Justice Department had announced in September the Obama administration wouldn’t enforce a portion of Title 38 that independently defines marriage in opposite-sex terms.
But no decision has been made on the place of residence rule of Title 38. The Obama administration has said it’s still reviewing whether it can stop enforcing 103(c) of the statute.
In the letter, the senators are critical about the length of time it’s taking to resolve this issue in the aftermath of the Supreme Court decision against DOMA in June.
“Unfortunately, nearly six months after that decision we continue to see specific cases where the federal government is withholding federal benefits to legally married same-sex couples,” the letter states. “This appears to be in conflict with the central principle of the Windsor decision, that the federal government should respect the lawful marriages of same-sex couples.”
Dena Iverson, a Justice Department, said in response to the missive, “We’re reviewing the letter.”
The continued enforcement of this 103(c) of Title 38 to deny benefits to gay couples has concerned lawmakers for some time.
In November, Udall wrote a letter on his own to the Justice Department calling on the Obama administration to stop enforcing the place of residence rule to discriminate against gay veterans. Earlier this month, Sen. Mark Warner (D-Va.) wrote a similar letter asking the Obama administration to cease enforcement, citing issues that gay veterans are having with obtaining VA loans.
LGBT groups, including the Human Rights Campaign and American Military Partners Association, have said they share the concerns about the place of residence rule under Title 38. HRC has previously called for clarity from the administration on whether or not it can cease enforcing that section of the law to discriminate against gay couples.
Stephen Peters, AMPA president, reiterated his previous call for the Obama administration to take action in a statement.
“No veteran should be treated differently by the federal government just because he or she is married to someone of the same-gender or lives in a state that does not value the diversity of his or her family,” Peters said.
Alex Nicholson, who’s gay and legislative director of Iraq & Afghanistan Veterans of America, said his organization “absolutely” shares the concerns expressed in the letter.
“IAVA strongly believes that all veterans are entitled to fair and equal treatment with respect to benefits and services provided by the VA,” Nicholson said. “The Supreme Court has been clear that legally married same-sex couples are entitled to federal recognition and benefits, so the administration must proactively resolve the lingering technicalities that have thus far prevented the VA from complying.”
It remains to be seen whether Holder will address this issue — as well as other post-DOMA issues, such as granting Social Security survivor and pension benefits to married same-sex couples in non-marriage equality states — in any of his upcoming public appearances. He’s set to deliver testimony before the Senate Judiciary Committee on Jan. 29 and is scheduled as the keynote speaker at HRC’s Greater New York Gala on Feb. 8.
CORRECTION: An earlier version of this article was incorrect about the date on which Holder would deliver testimony before the Senate. The Blade regrets the error.

The nation’s capital welcomed WorldPride this past weekend, a massive celebration that usually takes place in a different city every two years.
The Saturday parade attracted hundreds of thousands of people from around the world and the country. The state of Delaware, a few hours drive from D.C., saw participants in the parade, with CAMP Rehoboth, an LGBTQ community center in Rehoboth Beach, hosting a bus day trip.
Hope Vella sits on the board of directors and marched with CAMP Rehoboth. Vella said that although the parade took a long time to start and the temperature was hot, she was “on a cloud” from being there.
“It didn’t matter to me how long it took to start. With the current changes that are in place regarding diversity and inclusion, I wanted my face there,” Vella said. “My life is an intersection. I am a Black woman. I am a lesbian, and I have a disability. All of these things are trying to be erased … I didn’t care how long it took. I didn’t care how far it was going to be. I was going to finish that parade. I didn’t care how hot it was.”
The nearly two mile parade route didn’t feel as long because everyone was so happy interacting with the crowd, Vella said. The group gave out beads, buttons, and pins to parade watchers.
“The World Pride celebration gave me hope because so many people came out. And the joy and the love that was between us … That gave me hope,” Vella said.
Vella said that people with disabilities are often overlooked. More than one in four Americans have disabilities, according to the U.S. Centers for Disease Control and Prevention.
Vella said it was important for her “to be out there and to be seen in my wholeness as a Black woman, as a lesbian, as a woman with a disability and to not be hiding. I want our society to understand that we exist in LGBTQ+ spaces also.”
Retired Maj. Gen. Tammy Smith is involved with CAMP Rehoboth and marched with a coalition of LGBTQ military members. Smith said they were walking to give transgender military members visibility and to remind people why they are serving.
“When we are not visible, what is allowed to take our place is stereotypes,” Smith said. “And so without visibility, people think all veterans are conservative and perhaps not open to full equality. Without visibility, they might think a small state with a farming background may be a place that’s unwelcoming, but when you actually meet the people who are from those places, it sets aside those stereotypes and the real authenticity is allowed to come forward.”
During the parade, Smith said she saw trans military members in the parade make eye contact or fist bump with transgender people in the crowd.
“They were seen. Both sides were seen during that parade and I just felt privileged to be able to witness that,” Smith said.
Smith said Delaware is a state that is about freedom and equality and is the first state for a reason. The LGBTQ community is engrained as part of life in the Rehoboth and Lewes areas.
“What pride means to me is that we must always be doing what is necessary to maintain our dignity as a community,” Smith said. “We can’t let what people with negative messaging might be tossing our way impact us and the celebration of Pride. I don’t see it as being self-promoting. I see it as an act of dignity and strength.”
Israel
Tel Aviv Pride parade cancelled after Israel attacks Iran
Caitlyn Jenner was to have been guest of honor

Tel Aviv authorities on Friday cancelled the city’s Pride parade after Israel launched airstrikes against Iran.
The Associated Press notes the Israeli airstrikes targeted nuclear and military facilities in Iran. Reports indicate the airstrikes killed two top nuclear scientists and the leader of Iran’s Revolutionary Guard.
Iran in response to the airstrikes launched more than 100 drones towards Israel. The Israel Defense Forces said it intercepted them.
The Tel Aviv Pride parade had been scheduled to take place on Friday. Caitlyn Jenner was to have been the event’s guest of honor.
Authorities, in consultation with local LGBTQ activists, last year cancelled the Tel Aviv Pride parade out of respect for the hostages who remained in the Gaza Strip after Oct. 7. Jerusalem’s annual Pride parade took place on June 5.
District of Columbia
Drag queens protest Trump at the Kennedy Center
President attended ‘Les Misérables’ opening night on Wednesday

On Wednesday night, four local drag performers attended the first night of the Kennedy Center’s season in full drag — while President Donald Trump, an outspoken critic of drag, sat mere feet away.
Three queens — Tara Hoot, Vagenesis, and Mari Con Carne — joined drag king Ricky Rosé to represent Qommittee, a volunteer network uniting drag artists to support and defend each other amid growing conservative attacks. They all sat down with the Washington Blade to discuss the event.
The drag performers were there to see the opening performance of “Les Misérables” since Trump’s takeover of the historically non-partisan Kennedy Center. The story shows the power of love, compassion, and redemption in the face of social injustice, poverty, and oppression, set in late 19th century France.
Dressed in full drag, the group walked into the theater together, fully aware they could be punished for doing so.
“It was a little scary walking in because we don’t know what we’re going to walk into, but it was really helpful to be able to walk in with friends,” said drag queen Vagenesis. “The strongest response we received was from the staff who worked there. They were so excited and grateful to see us there. Over and over and over again, we heard ‘Thank you so much for being here,’ ‘Thank you for coming,’ from the Kennedy Center staff.”
The staff weren’t the only ones who seemed happy at the act of defiance.
“We walked in together so we would have an opportunity to get a response,” said Tara Hoot, who has performed at the Kennedy Center in full drag before. “It was all applause, cheers, and whistles, and remarkably it was half empty. I think that was season ticket holders kind of making their message in a different way.”
Despite the love from the audience and staff, Mari Con Carne said she couldn’t help feeling unsettled when Trump walked in.
“I felt two things — disgust and frustration,” Carne said. “Obviously, I don’t align with anything the man has to say or has to do. And the frustration came because I wanted to do more than just sit there. I wanted to walk up to him and speak my truth — and speak for the voices that were being hurt by his actions right now.”
They weren’t the only ones who felt this way according to Vagenesis:
“Somebody shouted ‘Fuck Trump’ from the rafters. I’d like to think that our being there encouraged people to want to express themselves.”
The group showing up in drag and expressing themselves was, they all agreed, an act of defiance.
“Drag has always been a protest, and it always will be a sort of resistance,” Carne said, after pointing out her intersectional identity as “queer, brown, Mexican immigrant” makes her existence that much more powerful as a statement. “My identity, my art, my existence — to be a protest.”
Hoot, who is known for her drag story times, explained that protesting can look different than the traditional holding up signs and marching for some.
“Sometimes protesting is just us taking up space as drag artists,” Hoot added. “I felt like being true to who you are — it was an opportunity to live the message.”
And that message, Ricky Rosé pointed out, was ingrained with the institution of the Kennedy Center and art itself — it couldn’t be taken away, regardless of executive orders and drag bans
“The Kennedy Center was founded more than 50 years ago as a place meant to celebrate the arts in its truest, extraordinary form,” said Ricky Rosé. “President Kennedy himself even argued that culture has a great practical value in an age of conflict. He was quoted saying, ‘the encouragement of art is political in the most profound sense, not as a weapon in the struggle, but as an instrument of understanding the futility of struggle’ and I believe that is the basis of what the Kennedy Center was founded on, and should continue. And drag fits perfectly within it.”
All four drag performers told the Washington Blade — independently of one another — that they don’t think Trump truly understood the musical he was watching.
“I don’t think the president understands any kind of plot that’s laid out in front of him,” Vagenesis said. “I’m interested to see what he thinks about “Les Mis,” a play about revolution against an oppressive regime. I get the feeling that he identifies with the the rebellion side of it, instead of the oppressor. I just feel like he doesn’t get it. I feel it goes right over his head.”
“Les Misérables” is running at the Kennedy Center until July 13.
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