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.
Maryland
Bomb threat shuts down Takoma Park holiday drag show
MotorKat evacuated when Tara Hoot was performing

Police cordoned off a popular strip in Takoma Park on Saturday after a bomb threat shut down businesses, including a holiday performance by drag artist Tara Hoot.
MotorKat General Manager Mike Rothman told the Washington Blade that Takoma Park police notified them of a bomb threat to their business around noon.
Tara Hoot was delivering a holiday brunch performance at the MotorKat when the evacuation order came in.
Rothman said they were notified “five minutes into her final performance.” Tara Hoot herself told the audience to leave for their safety.
Police proceeded to tape off the area and evacuated all businesses between Eastern and South Carroll Avenues, including TakomaBevCo, which is co-owned by MotorKat Wine Director Seth Cook.
Cook told the Blade that police brought in “bomb-sniffing dogs” to clear the area before allowing businesses to reopen around 2 p.m.
“The timing is unfortunate as this is one of the busiest weekends before the holidays,” Cook said.
Rothman was also disappointed by the lost revenue due to what ultimately was a false threat, but he was firm that the Takoma Park LGBTQ community is resilient and would continue to thrive despite this setback.
“Takoma Park is a pretty proud and resilient community,” he said. “I don’t expect people to lay down and be scared by this.”
MotorKat and TakomaBevCo reopened for business around 3 p.m.
Congress
Anti-LGBTQ provisions removed from NDAA
New version omits restriction on gender affirming care, book and drag bans

Anti-LGBTQ provisions submitted by House Republicans to the National Defense Authorization Act (NDAA) have been removed from the defense spending bill, triggering outrage from conservative lawmakers and praise from LGBTQ groups.
The conference version of the bill was released on Thursday.
This week saw the revocation of two measures targeting gender affirming care along with the book ban and drag ban. Language stipulating the list of approved flags that can be flown at military bases was amended such that more flags can be added on a discretionary basis.
“MAGA members of Congress tried to hijack the National Defense Authorization Act to advance their anti-LGBTQ+ agenda, attempting to riddle it with discriminatory riders,” Human Rights Campaign National Press Secretary Brandon Wolf said in a statement to the Washington Blade.
His statement continued, “They failed and equality won. Anti-LGBTQ+ provisions, including efforts to restrict access to gender affirming care, were rejected. The anti-LGBTQ+ agenda continues to be deeply unpopular across the country and a failing political strategy.”
Wolf thanked U.S. Sen. Jack Reed (D-R.I.) and U.S. Rep. Adam Smith (D-Wash.) for “defending equality and defeating attacks on the community.”
Pledging to vote “no” on the bill, Republican U.S. Rep. Marjorie Taylor Greene (Ga.) said in a post on X, “I was appointed to the NDAA conference committee but NEVER got to work on the final version of the NDAA bc they made the deal behind closed doors and here are the horrible results.”
I was appointed to the NDAA conference committee but NEVER got to work on the final version of the NDAA bc they made the deal behind closed doors and here are the horrible results 👇
— Rep. Marjorie Taylor Greene🇺🇸 (@RepMTG) December 8, 2023
I’m voting NO!!! pic.twitter.com/jnmTHCgzNG
India
Transgender people seek government job consideration in India’s Maharashtra state
Court petition filed on Nov. 29

Ancient texts in India have recorded the history and cultural importance of transgender people, but the community is still marginalized and vulnerable in the country. Although the government offers many vulnerable castes a specific number of slots for education and government jobs, trans people still have no such benefit and continue to face discrimination across the nation.
Three trans people from Maharashtra state on Nov. 29 filed an application to the Maharashtra Administrative Tribunal seeking slots for trans people in government jobs and a “third gender” option in online job applications. Two applicants had applied for police officer posts, while the other had applied for a revenue officer post — both of which are government jobs in India.
While hearing the application, the Maharashtra Administrative Tribunal, a court that has all the powers of the High Court, said it cannot direct the state government to give slots for trans people in public employment and education. The Maharashtra Administrative Tribunal did say, however, that the state government should take more steps towards inclusivity for the community in mainstream society.
Maharashtra’s government told the tribunal it would not be possible to provide slots to trans people in government jobs or education.
The Maharashtra Administrative Tribunal in a 26-page order directed the state government to give applicants the necessary points to qualify for the job if the applicant has secured 50 percent of the total marks for the concerned post. The tribunal also directed the government to provide age relaxation to trans applicants if they earned 45 points.
In India, every government job seeker goes through an examination to qualify for the job. Government job examinations are one of the toughest in India because there are millions of applications for a few positions, resulting in the need to secure higher marks to get a position.
More than one million applicants applied for 18,331 police officer positions in 2022. The government, however, provides slots to backward class applicants and gives points relaxation in examinations. Trans people in India are most marginalized and vulnerable with no slots in education or employment.
Retired Justice Mridula Bhatkar, who chairs the Maharashtra Administrative Tribunal and member Medha Gadgil in the ruling said the fact that not a single trans person who has come out received a job in the government sector speaks volumes.
“The transgender people are humans and are citizens of our great country who are waiting for their inclusion in the mainstream,” said the tribunal. “We have historical, mythological and cultural instances of eunuchs and their participation in political, social or cultural fields.”
The tribunal also said trans people are in the minority.
Although the majority forms the government, the majority cannot suppress the rights of marginalized sections of society. The tribunal further added the situation in which the trans community finds itself is worse than what women faced in the past while demanding equality.
The tribunal highlighted the mere acknowledgment of the separate identity of trans people was not enough, but they also need to be given opportunities in government jobs.
“The State of Maharashtra has been very progressive in its thought and culture,” said the tribunal. “Therefore, it is desirable on the part of the government to take necessary measures to enable these transgender applicants to get jobs in the government sector.”
The tribunal mentioned Indian Constitution prohibits any kind of discrimination based on sex under articles 15 and 16.
“To get into public employment is a handicapped race for transgenders,” said the tribunal. “Though they are not physically disabled and are able-bodied persons, their activities, actions, growth are paralyzed due to the negative approach of society, family in all schools, colleges in all places at all levels.”
While representing the petitioners, Kranti LC, a lawyer, said that the Indian states of Tamil Nadu, Chattisgarh, Karnataka, Jharkhand and Bihar have provided reservations to trans people. The tribunal, however, noted it understands the state has reached the limit of vertical slot of 62 percent, but ordered the law can reach equality and harmony through social engineering.
“The courts are for justice and cannot ignore any societal problem when placed before it,” said the tribunal. “Under such circumstances, though courts are not the lawmakers while interpreting the law, a legally permissible solution is to be applied to meet the ends of justice.”
According to the Indian Supreme Court’s 1992 Indra Sawhney vs. Union of India ruling, nine judges upheld the 50 percent ceiling on slots and denied slots in promotion in government jobs. This means no government agencies or institutions can give slots more than 50 percent of total job openings. Maharashtra state already crossed the limit.
“It is very unfortunate, because transgender people are one of the most vulnerable people in India, and of the most marginalized population in our country,” said Kalki Subramaniam, a trans rights activist and founder of Sahodari Foundation, an organization that works for trans Indians. “For the horizontal reservation, we need to get the support of our government. We need to sensitize our members of Parliament. I think, all political parties do support (the) transgender community, and do understand the plight of the community and difficulties we face.”
Kalki told the Washington Blade the community needs to work hard. She said the community needs to start campaigning for horizontal slots. She said the community needs to MPs to get the necessary support for it.
While talking to the Blade, Rani Patel, an activist and founder of Aarohan, a nonprofit organization that works with trans Indians, said that it is right that the trans community needs to have reservations in jobs and education so that they can be mainstreamed in the society.
“I have been working with the transgender community for last 11 years in Delhi. We had worked very hard for the scraping of section 377,” said Patel. “All the equality and rights given by the Supreme Court of India is of no use until and unless they are not provided with reservation, because there is a stigma in the society against the transgender people, the community feel rejected and detached from the society.”
Patel told the Blade that only a few trans children are getting an education in the country. She said most of the trans people in India need to be skilled in whichever field for which they have an interest. Patel further said that while getting skills, the government should provide slots to trans people, otherwise giving skills will be of no use.
Patel and Aarohan were instrumental in drafting the Delhi government’s trans bill.
Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion.
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