News
Months after court ruling, DOMA issues remain unresolved
Social Security, veterans benefits and family leave not flowing in non-marriage equality states
U.S. Attorney General Eric Holder has pledged to extend federal benefits to married gay couples to the furthest extent possible under the law. (Washington Blade file photo by Michael Key)
Ever since the Supreme Court ruled against the Defense of Marriage Act last year, the Obama administration has been rolling out on a continual basis new federal benefits for married same-sex couples — but access to some benefits remains uncertain months after the decision.
While the administration has afforded a preponderance of the 1,138 federal benefits of marriage to same-sex couples, other benefits — including Social Security, veterans and family leave benefits — are still in limbo for those living in non-marriage equality states. For these benefits, federal policy looks to the place of residence, not the place of celebration, in determining whether a person is married.
The policy of the Obama administration has been to expand benefits to married same-sex couples to the furthest extend possible under the law following the court decision against DOMA. That position was formalized last week in a memo from U.S. Attorney General Eric Holder extending certain federal benefits under the purview of the Justice Department to married gay couples.
“It is the Department’s policy, to the extent federal law permits, to recognize lawful same-sex marriages as broadly as possible, and to recognize valid in the jurisdiction where the marriage was celebrated,” Holder writes.
Thus far, the administration has extended numerous benefits to married same-sex couples related to taxes, immigration, federal employee benefits, employer-provided pensions and, most recently, the ability to refuse to testify against a spouse in federal court — even if these couples live in non-marriage equality states. The Justice Department has also ceased enforcement of a provision in Title 38, which governs veterans benefits, that independently defines marriage in opposite-sex terms.
But things get dicier when it comes to other benefits where the law governing them looks to the state law where a couple resides, rather than the state law where the couple was married in determining whether a marriage is legitimate. Does the spirit of the Supreme Court ruling against DOMA mean that these portions of these laws should also not be enforced, or are they so far removed from the ruling they require a legislative fix?
One such issue is with Social Security benefits. Although the Social Security Administration is processing retirement and survivor benefits for same-sex couples living in marriage-equality states, for the time being, it’s placing applications on hold for married same-sex couples living in places that don’t their recognize their union.
Kia Anderson, a Social Security spokesperson, said work coordinated with the Justice Department is still underway to determine whether her agency can recognize these same-sex marriages for benefits purposes.
“We are working with the Department of Justice to develop and implement policy and processing instructions on this issue,” Anderson said. “However, we encourage people to apply right away for benefits, even if they aren’t sure they are eligible. Applying now will protect against the loss of any potential benefits.”
Yet another benefit on hold for married same-sex couples living in non-marriage equality states is veterans benefits, which include disability benefits, survivor benefits and joint burial at a veteran’s cemetery for the spouses of former service members. As with Social Security law, a portion of veterans’ law, 103(c) of Title 38, looks to state of residence, not the state of celebration, to determine whether a couple is married.
Genevieve Billia, a spokesperson for the Department of Veterans Affairs, said her department is still reviewing the issue of these benefits with the Justice Department.
“VA is working closely with the Department of Justice to develop guidance to process cases involving same-sex spousal benefits, and to implement necessary changes swiftly and smoothly in order to deliver the best services to all our nation’s veterans,” Billia said. “Our commitment to provide all veterans and their families with their earned care and benefits will continue to be our focus as VA implements the Supreme Court’s decision in Windsor, and the president’s direction on Title 38.”
The continued enforcement of 103(c) of Title 38 to discriminate against gay couples has been a cause for concern for U.S. senators. Last month, seven senators — led by Sen. Mark Udall (D-Colo.) — called on the Obama administration to stop enforcing the law in a way that blocks gay veterans in same-sex marriages from receiving spousal benefits.
Stephen Peters, president of the American Military Partner Association, called the issue “a top concern” among veterans belonging to the LGBT military group.
“While we understand it takes time to review existing policies and laws in light of the Windsor decision, for the sake of our veterans and their families, our hope is that the administration will take swift action in extending full and equal VA benefits no matter what state the veteran and their family live in,” Peters said. “These veterans have earned these benefits and there is no valid reason why they should continue to be denied them.”
The American Military Partner Association has launched an online petition calling on Holder to stop enforcing U.S. code governing veterans benefits in a way that discriminates against same-sex couples. According to the organization, a little more than 1,000 people had signed the petition as of Wednesday.
Ian Thompson, legislative representative for the American Civil Liberties Union, expressed confidence the administration would be able to come to a conclusion on these issues as it has done with other benefits in the aftermath of the DOMA ruling.
“Federal agencies have moved with commendable speed to extend recognition to married same-sex couples, and to do so in a way that recognizes that these marriages don’t dissolve when a couple crosses state lines,” Thompson said. “While more work remains, including with SSA and the VA, we are confident that these issues can be properly addressed.”
The Justice Department didn’t respond to the Blade’s request for comment on the pace with which these benefits are being rolled out or when these outstanding issues will be resolved.
Shin Inouye, a White House spokesperson, touted the administration’s work so far in implementing benefits as he acknowledged “some work remains.”
“Following the Supreme Court’s ruling in Windsor, the president directed the attorney general to work with the Cabinet to review federal law to ensure the decision and its implications for federal benefits and obligations are implemented swiftly and smoothly,” Inouye said. “That process is ongoing, and while some work remains, the administration has worked to affirm the principle that all couples who are legally married receive full and equal recognition, to the greatest extent possible under the law.”
Should the administration determine it must continue enforcing these laws, a legislative fix from Congress would be necessary to ensure these benefits can flow to gay couples. For the Social Security benefits, that would mean passage of the Social Security Equality Act, sponsored by Rep. Linda Sanchez in the House. For the veterans benefits, that would mean passage of the Charlie Morgan Act, sponsored by Sen. Jeanne Shaheen (D-N.H.) in the Senate.
The federal benefits of marriage across the board would be assured for married gay couples regardless of where they live after passage of the Respect for Marriage Act, which is sponsored by Rep. Jerrold Nadler (D-N.Y.) in the House and Sen. Dianne Feinstein (D-Calif.) in the Senate.
A Senate Judiciary Committee aide told the Blade last year that a Senate hearing was in the works for fall 2013 on the legislation. Although the hearing never took place, a Senate aide told the Blade plans are still underway for a hearing.
“Chairman Leahy continues to push for timely and comprehensive implementation of the Windsor decision, including last week’s landmark announcement that the Justice Department will treat all lawfully married couples equally in federal legal matters,” the Leahy aide said. “Chairman Leahy is committed to taking discrimination out of our laws, and he is working to schedule a hearing and build support for the Respect for Marriage Act.”
Not all the outstanding issues in the aftermath of the DOMA ruling are related to law. Benefits are blocked from flowing to married same-sex couples in non-marriage equality states under the Family & Medical Leave Act not because of statute, but by regulation, which the administration could change at any time without action from Congress.
And that change is already taking place. Last last year, the Department of Labor announced it was changing the regulations for the Family & Medical Leave Act — along with regulations for a slew of other laws — to ensure those benefits flow to married same-sex couples living in non-marriage equality states. According to Thompson’s HR Compliance Expert, the change will be implemented in March.
Laura Fortman, principal deputy administrator of the Labor Department’s Wage & Hour Division, wrote about the proposed change in a little-noticed blog post at the time.
“No one should have to choose between succeeding at work and being a loving family caregiver,” Fortman said. “The FMLA’s protections help ensure that people have the opportunity to be both and our proposed rulemaking is an important step in ensuring the law keeps up with the needs of all families in this country.”
Rea Carey, executive director of the National Gay & Lesbian Task Force, said her organization looks forward to the day when the DOMA decision is “fully implemented” by the federal government.
“Steady progress is being made and more is to come,” Carey said. “For example, we are working with the Department of Health and Human Services to ensure that health insurance plans offer coverage for same-sex spouses regardless of where they live. Big picture, we fully expect this landmark decision to continue to positively impact the lives of LGBT people and their families for years to come and in ways that we haven’t even imagined.”
District of Columbia
D.C. Black Pride 2025: Events, parties, and empowerment
Annual Black LGBTQ culture, community, and resilience celebration starts Wednesday
Beginning on Wednesday, Washington will host a weekend-long celebration of melanated LGBTQ talent, power, and resilience with the return of D.C. Black Pride. From glamorous balls and dance parties to drag performances and more, the weekend offers something for everyone looking to celebrate Black queer existence.
The Washington Blade sat down with Keyna Hutton, president and CEO of the Center for Black Equity and organizer of D.C. Black Pride, to discuss the event’s current significance and the programming they are most excited about.
While the weekend may appear to be all about parties and celebration, Hutton emphasized that the heart of D.C. Black Pride lies in the connections it fosters.
“I always try to remind people that Black Pride is a safe space for communities, for people that don’t have these kinds of safe spaces where they live,” Hutton said. “People that live in some rural parts of the country, some very conservative spaces, they don’t have a space to be Black and queer. Many don’t have a space that they are able to be their full authentic selves. So Black Pride is that space. D.C. Black Pride creates that space for folks to be able to come to and just be free and live at all your intersections, to be glorified and be appreciated for who you are, as diverse as you are.”
They continued, pointing to the importance of this year’s theme — freedom — especially amid a political climate that remains hostile toward marginalized groups, particularly the transgender community.
“The real root of D.C. Black Pride is about creating a safe space and supporting community,” Hutton said. “If you think about what’s going on right now politically, it is even more important for us to maintain these spaces.”
Despite the external pressures facing the Black LGBTQ community, Hutton made clear that the weekend is also about celebration, especially for those traveling from near and far to be part of it.
“I am very excited for the Mr. & Miss D.C. Black Pride Pageant,” she said. “We have Ts Madison, Monroe Alise, Kerri Colby, Ben Garson, Anthony Oakes, Heather Mahogany, Apple Brown Betty. We have so many Black queer folks and queer allied people that are going to be here taking up space with us, loving up on us, entertaining us, all for free!”
For the first time this year, a free shuttle will run between the Capitol Hilton and official D.C. Black Pride events all weekend long, making it easier than ever to join in the celebration.
D.C. Black Pride party roundup
Weekend-long parties
Supreme Fantasy Weekend Party
All weekend long, the D.C. Black Pride party Supreme Fantasy will be in full swing beginning on May 22. With 12 events across five days, there’s something for everyone! From drinking and dancing to drag and so much more, this five-day celebration will keep the D.C. Black Pride party pumping through May 26. Tickets and additional information for this 21+ event are available at xavierpartydc.com.
Bliss Party Lineup
Celebrate being a Black LGBTQ woman with the Bliss party lineup! From brunches to dance parties to panels, Bliss has something for everyone. For tickets and additional information for this 21+ party series, visit eventbee.com.
Wednesday, May 21
Cocktails & Conversations
Join hundreds of Black queer women as they kick off D.C. Black Pride with a cocktail reception. Grab a drink and settle in at one of Washington’s swankiest cocktail bars, ZOOZ (636 Maine Ave. S.W.), at 7 p.m., and mingle before the weekend gets going. This is a 21+ event. For tickets and more information, visit BlissPride.com.
Thursday, May 22
Welcome to D.C. Happy Hour
Celebrate the beginning of D.C. Black Pride with drinks in the heart of the Dupont gayborhood! From 5-10 p.m. on the rooftop of Decades (1219 Connecticut Ave. N.W.), take in the spring weather and mix with other Black queer folks. For tickets and more information about this 21+ event, visit BlissPride.com.
Mr. & Miss D.C. Black Pride Pageant
Get ready for the ultimate showcase of Black excellence and pride with the Mr. & Miss D.C. Black Pride Pageant! The competition begins at 6 p.m. at the Capital Hilton (1001 16th St. N.W.), celebrating the history, beauty, and diversity of the DMV’s Black drag and entertainment scene. For tickets, visit Eventbrite.
D.C. Black Pride Unity Free Ball
Join the Capitol Ballroom Council for their 9th annual Unity Free Ball at the Capital Hilton (1001 16th St. N.W.). From 9 p.m. to 1 a.m., show off how you embody this year’s theme of “Freedom.” With over 50 categories, there’s something for everyone. Hosts Icon East Coast Father Duante’ Balenciaga, Legendary East Coast Mother Daijah West, Legendary Domo Alpha Omega, and Empress Angel Rose Garcon will ensure the night is unforgettable. For categories, prizes, and free tickets, visit dcblackpride.org.
The Pre-Pregame Act I
Pregame D.C. Black Pride with Daryl Wilson at The Ugly Mug (723 8th St. S.E.). Expect food, drinks, hookah, and more starting at 10 p.m. For tickets, visit dcblackpride.org.
Friday, May 23
Shoot Your Shot & Drink
Date. Dance. Collaborate! Join Lamont White and Tyrice Johnson for a special in-person LGBTQ+ dating experience at North Gate Grill (1001 16th St. N.W.). Tickets available at dcblackpride.org.
D.C. Black Pride Opening Reception
Kick off the 34th annual D.C. Black Pride with award-winning comedian Anthony Oakes as he hosts an evening of music, drag, and more. Queer icons including Ts Madison, Kerri Colby, and Monroe Alise will be in attendance. Festivities begin at 5 p.m. at the Capital Hilton (1001 16th St. N.W.). Free tickets are available at dcblackpride.org.
Host Hotel Welcome Reception
Start the weekend with a party hosted by Daryl Wilson Events at the Capital Hilton, the official host hotel. Beginning at 3 p.m., guests can pick up VIP passes, connect with other attendees, and get into the Pride spirit. More info at dcblackpride.org.
The Pastel Party
Celebrate Black queer womanhood at the Pastel Party at STRAND Nightclub (1400 I St. N.W.). Beginning at 10 p.m., this event offers a vibrant, affirming space. For tickets to this 21+ event, visit BlissPride.com.
Saturday, May 24
D.C. Black Pride Writers Forum
Join Black LGBTQ writers from across the country for a discussion on storytelling, publishing, and politics. Special guests, including Volo Akili (Dear Universe), will be featured. The event begins at 1 p.m. at the Capital Hilton. More info at dcblackpride.org.
Mary Bowman Poetry Slam
Celebrate Black queer voices at the Mary Bowman Poetry Slam at the Capital Hilton. Open mic registration starts at 5:30 p.m., with the show beginning at 6 p.m. Cash prizes will be awarded. More info at dcblackpride.org.
PURE BLISS – The Main Event
Dance the night away with other Black queer women at PURE BLISS, starting at 10 p.m. at Next Level (15 K St. N.E.). Enjoy music, drinks, and community. Tickets are $25 at BlissPride.com.
D.C. Black Pride White Party
Put on your best white outfit and party with the Black queer community at the iconic White Party. Rapper KHIA performs live at Echostage (2135 Queens Chapel Road N.E.), starting at 10 p.m. Tickets available at dcblackpride.org.
Meatloaf Saturday
Join over 5,000 Black queer men across three dance floors with four DJs, go-go dancers, and live performances. Meatloaf Saturday kicks off at 10 p.m. at Public Nightclub (1214 18th St. N.W.). Tickets at dcblackpride.org.
Sunday, May 25
Euphoria: D.C. Black Pride 2025 Closeout – The Finale
Close out Pride weekend with one last rooftop party at Twelve After Twelve (1212 18th St. N.W.) from 4-10 p.m. Celebrate with drinks, dancing, and community in Dupont Circle. Tickets are $15 at dcblackpride.org.
Wet Dreamz Mega Day Party
Join hundreds of Black LGBTQ people at one of the biggest events of the weekend — Wet Dreamz Mega Day Party — at The Bullpen @ Nats Stadium (1201 Half St. N.E.), starting at 5 p.m. Hosted by Daryl Wilson Events. Tickets available at dcblackpride.org.
Sunday Night Super Party
Four floors. Multiple DJs. One unforgettable night. Daryl Wilson’s Sunday Super Party at The Park (920 14th St. N.W.) begins at 10 p.m. and keeps going late. This 21+ event is free to attend. Details at dcblackpride.org.
Tuesday, May 27
WorldPride Black Queer Film Festival
Celebrate the art and impact of Black queer filmmakers with D.C. Black Pride and WorldPride at the three-day Black Queer Film Festival, kicking off at 6 p.m. at Howard University’s Blackburn Digital Auditorium (2397 6th St. N.W.). Free tickets available at dcblackpride.org.
In addition to these events, Thurst Lounge (2214 14th St. N.W.) — D.C.’s only Black-owned LGBTQ lounge — will host nightly celebrations of Black queer excellence. The weeklong celebration, Thurstnik Reloaded, runs from Wednesday through Memorial Day Monday. No cover charge, but a 21+ ID is required.
Cuba
Cuban lawmakers to consider simplifying process for trans people to change IDs
National Assembly in July will reportedly debate proposal
Cuban lawmakers are reportedly poised to consider a proposal that would allow transgender people to legally change the gender marker on their ID documents without surgery.
Cubadebate, a government-run website, on May 11 referenced the proposal in an article about an International Day Against Homophobia, Biphobia, and Transphobia march in Havana that the National Center for Sexual Education organized.
Mariela Castro, the daughter of former Cuban President Raúl Castro who spearheads LGBTQ issues on the island, is CENESEX’s director.
Cubadebate notes the National Assembly in July will consider an amendment to the country’s Civil Registry Law that “for the first time would allow citizens to determine the sex on their identification cards without the need for a court order or gender assignment surgery.”
Argentina, Uruguay, Germany, and Malta are among the countries that allow trans people to legally change their name and gender without surgery.
Cuba’s national health care system has offered free sex-reassignment surgery since 2008, but activists who are critical of Mariela Castro and CENESEX have said access to these procedures is limited. Mariela Castro, who is also a member of the National Assembly, in 2013 voted against a measure to add sexual orientation to Cuba’s labor code because it did not include gender identity.
The Cuban constitution bans discrimination based on sexual orientation and gender identity, among other factors. Authorities routinely harass and detain activists who publicly criticize the government.
Maryland Gov. Wes Moore on Tuesday signed a bill that decriminalizes HIV in the state.
State Dels. Kris Fair (D-Frederick County) and Luke Clippinger (D-Baltimore City) are among the lawmakers who sponsored House Bill 39 or the Carlton R. Smith Act, which is named after the long-time activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in May 2024.
Smith was a member of the Coalition to Decriminalize HIV in Maryland that advocated for the bill. FreeState Justice, a statewide LGBTQ rights group, was also part of the coalition.
“At FreeState Justice, we are proud to stand with advocates, health experts, and lawmakers who worked diligently to advance this bill. The bipartisan support for the Carlton R. Smith Act is a testament to the power of education, research, and courageous leadership,” said FreeState Justice Executive Director Phillip Westry in a statement. “It sends a clear message: Maryland is committed to evidence-based policymaking and to ending the criminalization of people living with HIV. We honor the memory of Carlton R. Smith by continuing the work of building a more just, inclusive, and informed society.”
Maryland is the fifth state to decriminalize HIV.
North Dakota Gov. Kelly Armstrong, a Republican, in March signed a bill that decriminalized HIV in his state.
Let love and compassion guide our response to Joe Biden’s cancer diagnosis
D.C. Black Pride 2025: Events, parties, and empowerment
Cuban lawmakers to consider simplifying process for trans people to change IDs
Frank Kameny’s legacy lives on
