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.
Cuba
Trans parent charged with kidnapping, allegedly fled to Cuba with child
Cuban authorities helped locate Rose Inessa-Ethington
Federal authorities have charged a transgender woman with kidnapping after she allegedly fled to Cuba with her 10-year-old child.
An affidavit that Federal Bureau of Investigation Special Agent Jennifer Waterfield filed in U.S. District Court for the District of Utah on April 16 notes the child is a “biological male who identifies as a female” and “splits time living with divorced parents who share custody” in Cache County, Utah.
Waterfield notes the child on March 28 “was supposed to be traveling by car to” Calgary, Alberta, “for a planned camping trip with his transgender mother, Rose Inessa-Ethington, Rose’s partner, Blue Inessa-Ethington, and Blue’s 3-year-old child.”
The affidavit notes the group instead flew from Vancouver, British Columbia, to Mexico City on March 29. Waterfield writes the Inessa-Ethingtons and the two children then flew from Mérida, Mexico, to Havana on April 1.
The 10-year-old child called her biological mother on March 28 after they arrived in Canada. The custody agreement, according to the affidavit, required Rose Inessa-Ethington to return the child to her former spouse on April 3.
“Interviews of MV [Minor Victim] 1’s family members provided significant concerns for MV 1’s well-being, as MV 1 was born a male, however, identifies as a female child, which is largely believed to be due to manipulation by Rose Inessa-Ethington,” reads the affidavit. “Concerns exist that MV 1 was transported to Cuba for gender reassignment surgery prior to puberty.”
The affidavit indicates authorities found a note in the Inessa-Ethingtons’ home with “instruction from a mental health therapist located in Washington, D.C., including instruction to send the therapist the $10,000.00 and instructions on gender-affirming medical care for children.”
The affidavit does not identify the specific “mental health therapist” in D.C.
A Utah judge on April 13 ordered Rose Inessa-Ethington to “immediately” return the child to her former spouse. The former spouse also received sole custody.
“Your affiant believes that due to the extensive planning and preparation exhibited by both Rose Inessa-Ethington and Blue Inessa-Ethington to isolate MV 1 and take MV 1 to Havana, Cuba, without notifying or requesting permission from MV 1’s mother indicates they are likely not planning to return to the United States,” wrote Waterfield.
The affidavit notes Cuban authorities found the Inessa-Ethingtons and the child.
A press release the U.S. Attorney’s Office for the District of Utah issued notes the Inessa-Ethingtons “were deported from Cuba” on Monday “with the assistance of the FBI.”
The couple has been charged with International Parental Kidnapping. The Inessa-Ethingtons were arraigned in Richmond, Va., on Monday. The press release notes a federal court in Salt Lake City will soon handle the case.
The New York Times reported the child is now back with their biological mother.
“We are grateful to law enforcement for working swiftly to return the child to the biological mother,” said First Assistant U.S. Attorney Melissa Holyoak of the District of Utah in the press release.
The case is unfolding against the backdrop of increased tensions between Washington and Havana after U.S. forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores.
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. A second White House directive banned federally-funded gender-affirming care for anyone under 19.
The U.S. Supreme Court last year in the Skrmetti decision upheld a Tennessee law that bans gender-affirming care for minors.
Cuba’s national health care system has offered free sex-reassignment surgeries since 2008.
Activists who are critical of Mariela Castro, the daughter of former President Raúl Castro who spearheads LGBTQ issues as director of Cuba’s National Center for Sexual Education, have previously told the Washington Blade that access to these procedures is limited. The Blade on Wednesday asked a contact in Havana to clarify whether Cuban law currently allows minors to undergo sex-reassignment surgery.
Rehoboth Beach
Rehoboth Summer Kickoff Party set for May 15 with Ashley Biden
The Washington Blade’s 19th annual Summer Kickoff Party is scheduled for Friday, May 15 in Rehoboth Beach, Del.
Ashley Biden, daughter of President Joe Biden, has joined the list of speakers, the Blade announced. She will accept an award on behalf of her brother Beau Biden for his LGBTQ advocacy work as Delaware attorney general. (Her appearance was rescheduled from last year.)
The event, to be held this year at Diego’s (37298 Rehoboth Ave. Ext.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.
The event will also feature remarks from state Rep. Claire Snyder-Hall. New CAMP Rehoboth Executive Director Dr. Robin Brennan and Blade editor Kevin Naff will also speak. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Diego’s.
A suggested donation of $25 is partially tax deductible and includes a drink ticket and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door.
District of Columbia
Curve magazine honors Washington Blade publisher
Lynne Brown named to 2026 Power List
Washington Blade Publisher Lynne Brown has been named to the 2026 Curve Power List celebrating LGBTQ+ women and nonbinary individuals in North America who are blazing trails in their chosen fields.
“From sports and entertainment icons to corporate leaders and lawmakers, these individuals are breaking barriers, challenging norms, and shaping the future,” Curve Foundation/Curve magazine said in announcing this year’s list, which includes ABC newscaster Robin Roberts, comedian/actress Hannah Einbinder, and singer/actress Renee Rapp, among others.
Brown has worked for the Washington Blade for nearly 40 years. She was named publisher in 2007 before becoming a co-owner in 2010.
“I am honored to be recognized by Curve magazine during Lesbian Visibility Week,” Brown said. “Receiving this Curve honor is twofold. I was an early subscriber to Curve. I enjoy the product and know its history. Its journalism, layout and humorous features have inspired me.
“As an owner/publisher, receiving recognition from a similar source acknowledges my work and efforts, with a sincerity I truly appreciate. Franco Stevens, the publisher of Curve, is a business person of duration, experience, and purpose. The fact that they are in the media business, and honoring me and my publication makes it a tiny bit sweeter.”
Nominations for the Curve Power List come from the community: peers, mentors, fans, and employers.
Curve explained the significance of the list in its announcement: “An annual, publicly nominated list of impactful LGBTQ+ women and nonbinary changemakers is crucial in current times to counter discrimination, legislative rollbacks, hostility, and the invisibility of queer women within mainstream and marginal spaces and endeavors. Such a list also fosters encouragement and solidarity, and elevates voices and achievements—from high-profile roles to under appreciated areas of life.”
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