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Obama admin says insurers can’t discriminate against gay unions

Prohibits discrimination even in non-marriage equality states

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Centers for Medicare & Medicaid Services, gay news, Washington Blade
Centers for Medicare & Medicaid Services, gay news, Washington Blade

The Centers for Medicare & Medicaid has issued guidance clarifying insurers can’t discriminate against same-sex couples. (Image public domain)

The Obama administration clarified on Friday that insurers are prohibited from discriminating against same-sex marriages for the purposes of non-grandfathered family coverage — even if applicants are applying in non-marriage equality states.

In guidance dated March 14, the Centers for Medicare & Medicaid says existing provisions in the health care reform law prohibiting discrimination by insurers on the basis of gender — which the Obama administration has interpreted to extend non-discrimination protections based on sexual orientation and gender identity — also requires insurers not to refuse family coverage for married same-sex couples.

The guidance is set up as Q&A. The question is “If a health insurance issuer in the group or individual market offers coverage of an opposite-sex spouse, may the issuer refuse to offer coverage of a same-sex spouse?” The response starts off simply, “No.”

“This section prohibits an issuer from choosing to decline to offer to a plan sponsor (or individual in the individual market) the option to cover same-sex spouses under the coverage on the same terms and conditions as opposite sex-spouses,” the guidance states.

Alicia Hartinger, a CMS spokesperson, said the guidance spells out that non-discrimination is the rule for insurers — both on and off the health insurance exchanges — when selling policies.

“CMS recognizes the importance of all Americans and their families having access to quality, affordable coverage,” Hartinger said. “Today’s guidance clarifies that issuers may not choose to treat same-sex spouses differently from opposite-sex spouses. If an issuer offers opposite-sex spouse coverage, it may not choose to deny the same coverage to a same-sex spouse. We will continue to work with states and issuers to help ensure all Americans have an equal opportunity to purchase the new coverage options available to them.”

The guidance says insurers cannot refuse family coverage to married same-sex couples even if they live in — or the insurance is sold in — a non-marriage equality state that doesn’t recognize those unions.

Additionally, the guidance acknowledges insurers may not have realized this prohibition when designing their policies for the 2014 coverage year. Accordingly, while encouraging immediate compliance, CMS says insurers need not begin adhering to this policy until Jan. 1, 2015. The guidance also directs states to begin enforcing the regulations no later than Jan. 1, 2015.

The guidance doesn’t address whether it requires CMS to provide coverage to same-sex couples in domestic partnerships or civil unions. A CMS official said the guidance applies only to marriages, not these other unions.

LGBT advocates praised the new guidance as a step toward ensuring that married same-sex couples have the same access to health insurance as their opposite-sex counterparts.

Rea Carey, executive director of the National Gay & Lesbian Task Force, earlier said her group wanted the Obama administration to make the clarification and upon news of the guidance said it would help same-sex couples “hurting right now” because they were denied health insurance.

“Today’s important HHS announcement will help remove this type of discrimination by requiring the health insurance industry to treat us the same as straight married couples — even if the states where we live do not recognize marriage equality,” Carey said. “While insurers are not required to be in compliance with the new rules until January 2015, we urge the industry to act now — as affordable health care delayed is affordable health care denied.”

There have been reported incidents of married gay couples being unable to receive family coverage in the aftermath of the implementation of the Affordable Care Act. In February, a gay couple — Alfred Cowger and Anthony Wesley of Gates Mills, Ohio — filed a federal lawsuit charging that they were unable to obtain family coverage because their state doesn’t recognize their marriage.

In January, Blue Cross and Blue Shield canceled family insurance policies it sold to same-sex couples under the Affordable Care Act in North Carolina. Following news reports about the cancellations, the insurer changed course and agreed to offer family coverage on the health insurance exchange to same-sex couples.

Kellan Baker, director of the LGBT State Exchanges Project for the Center for American Progress, said the new guidance is important because research shows LGBT families have trouble accessing health insurance.

“Research has shown that same-sex couples, as well as transgender people and other members of the lesbian, gay, bisexual, and transgender, or LGBT, communities, frequently face obstacles to affordable, comprehensive insurance coverage,” Baker said. “My colleagues and I look forward to working with HHS to ensure that this guidance is fully implemented in a timely manner and that similar action is taken to remove other barriers to coverage, such as discriminatory insurance exclusions that target transgender people.”

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District of Columbia

Imperial Court of Washington drag group has ‘dissolved’

Board president cites declining support since pandemic

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The Imperial Court of Washington announced that it has ended its operations by dissolving its corporate status. Pictured is the Imperial Court of Washington's 2022 Gala of the Americas. (Washington Blade file photo by Michael Key)

The Imperial Court of Washington, a D.C.-based organization of drag performers that has raised at least $250,000 or more for local LGBTQ and non-LGBTQ charitable groups since its founding in 2010, announced on Jan. 5 that it has ended its operations by dissolving its corporate status.

In a Jan. 5 statement posted on Facebook, Robert Amos, president of the group’s board of directors, said the board voted that day to formally dissolve the organization in accordance with its bylaws.

“This decision was made after careful consideration and was based on several factors, including ongoing challenges in adhering to the bylaws, maintaining compliance with 501(c)(3) requirements, continued lack of member interest and attendance, and a lack of community involvement and support as well,” Amos said in his statement.

He told the Washington Blade in a Jan. 6 telephone interview that the group was no longer in compliance with its bylaws, which require at least six board members, when the number of board members declined to just four. He noted that the lack of compliance with its bylaws also violated the requirements of its IRS status as a nonprofit, tax-exempt 501(c) (3) organization.

According to Amos, the inability to recruit additional board members came at a time when the organization was continuing to encounter a sharp drop in support from the community since the start of the COVID pandemic around 2020 and 2021.

Amos and longtime Imperial Court of Washington member and organizer Richard Legg, who uses the drag name Destiny B. Childs, said in the years since its founding, the group’s drag show fundraising events have often been attended by 150 or more people. They said the events have been held in LGBTQ bars, including Freddie’s Beach Bar in Arlington, as well as in other venues such as theaters and ballrooms.

Among the organizations receiving financial support from Imperial Court of Washington have been SMYAL, PFLAG, Whitman-Walker Health’s Walk to End HIV, Capital Pride Alliance, the DC LGBT Community Center, and the LGBTQ Fallen Heroes Fund. Other groups receiving support included Pets with Disabilities, the Epilepsy Foundation of Washington, and Grandma’s House.

The Imperial Court of Washington’s website, which was still online as of Jan. 6, says the D.C. group has been a proud member of the International Court System, which was founded in San Francisco in 1965 as a drag performance organization that evolved into a charitable fundraising operation with dozens of affiliated “Imperial Court” groups like the one in D.C.  

Amos, who uses the drag name Veronica Blake, said he has heard that Imperial Court groups in other cities including Richmond and New York City, have experienced similar drops in support and attendance in the past year or two. He said the D.C. group’s events in the latter part of 2025 attracted 12 or fewer people, a development that has prevented it from sustaining its operations financially. 

He said the membership, which helped support it financially through membership dues, has declined in recent years from close to 100 to its current membership of 21.

“There’s a lot of good we have done for the groups we supported, for the charities, and the gay community here,” Amos said. “It is just sad that we’ve had to do this, mainly because of the lack of interest and everything going on in the world and the national scene.”   

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National

What to watch for in 2026: midterms, Supreme Court, and more

Federal policy battles carry grave implications for LGBTQ Americans

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House Minority Leader Hakeem Jeffries could become the nation’s first Black elected House Speaker if Democrats retake the chamber this year. (Washington Blade file photo by Michael Key)

With the start of a new year comes a new slate of legal and political developments poised to change our world. From consequential Supreme Court cases and a potential House of Representatives leadership flip to preparations for the United States’s 250th anniversary, 2026 is expected to be a critical year—particularly as LGBTQ rights, and transgender rights specifically, remain a focus of national debate.

Across Congress, the courts, federal agencies, and statehouses, decisions made this year are poised to shape the legal and political landscape for LGBTQ Americans well beyond the next election cycle.

Congress

(Washington Blade photo by Michael Key)

In 2026, a sizable number of federal seats will be up for grabs. All 435 districts in the U.S. House of Representatives will be on the ballot, offering Democrats a chance to flip the chamber and reclaim a measure of control from Republicans, who have held the House since 2022. Control of the House will be especially critical as lawmakers weigh legislation tied to civil rights, health care access, and the scope of federal protections for LGBTQ Americans.

A Democratic majority would also determine committee leadership, oversight priorities, and the ability to block or advance legislation related to transgender health care, education policy, and federal nondiscrimination protections.

Several House races are expected to be particularly significant for LGBTQ representation and leadership, including contests in Texas’s 32nd Congressional District, New York’s 17th, and Illinois’s 9th.

In Texas’s 32nd District, Democratic incumbent Julie Johnson is seeking reelection in the northeastern Dallas-area seat. Johnson is the first openly LGBTQ person ever elected to Congress from Texas or the South, according to her congressional website. Her reelection bid comes amid Republican efforts to redraw the district to consolidate GOP power, following demands from President Trump — moves that have made the race increasingly challenging.

While in office, Johnson has pushed for expanded Medicare access, stronger LGBTQ rights protections, and broader health care equity. The race has become a key test case for LGBTQ incumbents navigating increasingly hostile political and electoral environments, particularly in southern states.

In New York’s 17th Congressional District, Democrat Cait Conley is mounting a challenge against Republican incumbent Mike Lawler in the lower Hudson Valley, just north of New York City. Conley is a former active-duty Army officer who was deployed six times and has leaned into that experience to connect with the district’s mixed constituency.

The district has frequently flipped between parties and includes a politically influential conservative Hasidic community, making it one of the more competitive seats in the region. An out lesbian, Conley has spoken forcefully in support of LGBTQ rights and has received the endorsement of LPAC, positioning herself as a pro-equality candidate in a closely watched race that could help determine control of the House.

The Illinois 9th Congressional District is also shaping up to be a competitive open-seat contest. The district spans parts of Cook, Lake, and McHenry counties and includes much of Chicago’s North Side. In 2025, Democratic Rep. Jan Schakowsky announced she would not seek reelection after representing the district since January 1999.

Mike Simmons, who was elected to the Illinois State Senate in 2021, is seeking the seat. Simmons was the first openly LGBTQ person and the first Ethiopian American elected to the state Senate, where he has focused on expanding LGBTQ rights, strengthening democratic institutions, and addressing cost inequities in health care, housing, and support for community-based organizations. Given the district’s suburban makeup, the race could emerge as a frontline contest for pro-equality legislative influence.

If Democrats are successful in reclaiming control of Congress, the outcome would reshape leadership at the highest levels. One potential result would be Hakeem Jeffries becoming the first elected Black Speaker of the House, a historic milestone with implications for legislative priorities, representation, and the direction of Democratic leadership.

Beyond the House, control of the U.S. Senate will also be in play. In total, 35 of the Senate’s 100 seats will be up for election in 2026. Of those, 33 are regularly scheduled races, with two additional special elections set to take place in Florida and Ohio. Several of these contests are expected to hinge on issues such as abortion access, federal oversight, judicial confirmations, and the future of LGBTQ protections at the national level. Political observers view the Senate as a tougher flip for Democrats but not an impossible task.

Governorships

Gubernatorial races will further shape the policy environment across the country. A total of 36 states and three U.S. territories could elect new governors in 2026, many of whom will have significant influence over education policy, health care access, and the enforcement—or rollback—of civil rights protections.

One notable development is Republican Sen. Marsha Blackburn’s entry into Tennessee’s gubernatorial race. Blackburn has been an outspoken opponent of LGBTQ rights and has previously proposed constitutional amendments aimed at banning same-sex marriage, making the race one to watch closely for LGBTQ advocates.

Two races to watch

Gov. Jared Polis (D-Colo.) (Washington Blade photo by Michael Key)

Colorado governor’s race:

Jared Polis made history in 2018 as the first openly gay man elected governor in U.S. history, but his tenure in the Mile High State is coming to a close. Polis cannot run for reelection in 2026 because of term limits. U.S. Sen. Michael Bennet and Colorado Attorney General Phil Weiser are the Democratic frontrunners in a race that could determine whether the state continues its trajectory on LGBTQ-inclusive policy.

Iowa Senate seat:

Zach Wahls is running for Iowa’s U.S. Senate seat. An Iowa State Senator, Wahls has built a record focused on expanding health care access, minimizing government corruption, and protecting LGBTQ equality. Wahls, who was famously raised by two lesbian moms, has frequently pointed to his family as shaping his advocacy, positioning his campaign around personal experience as well as legislative record.

SCOTUS

Demonstrators stand outside of the United States Supreme Court on Oct. 7 during oral arguments for Chiles v. Salazar. (Washington Blade Photo by Michael Key)

The Supreme Court is expected to issue several rulings this year that could have far-reaching consequences for LGBTQ rights nationwide. Two of the most closely watched issues involve transgender athletes in school sports and the legality of conversion therapy bans.

Two cases heard in 2025 involving transgender athletes in school sports—West Virginia v. B.P.J. and Little v. Hecox—are expected to receive rulings later this year. Oral arguments are scheduled for Jan. 13, with the Court poised to determine whether states can ban transgender girls and women from participating on girls’ sports teams.

Legal experts have warned that the decisions could carry broader civil rights implications beyond athletics, potentially reshaping interpretations of sex discrimination and Title IX protections across education and employment.

The Court is also expected to rule on the future of conversion therapy bans and whether such restrictions are protected under the First Amendment. In October 2025, the justices heard oral arguments in Chiles v. Salazar, a case that will determine whether state and local bans on conversion therapy for LGBTQ youth violate free speech or free exercise of religion protections. A ruling in favor of the plaintiffs could weaken or overturn bans that have been enacted in dozens of states and municipalities.

Federal policy changes

Several new federal policies are being implemented as the year takes shape, with some of the most immediate impacts falling on LGBTQ people. One of the most significant changes is the elimination of gender-affirming care coverage for federal employees.

The policy, put into place by President Trump’s Office of Personnel Management, eliminates health insurance coverage for most gender-affirming medical care in the Federal Employees Health Benefits (FEHB) and Postal Service Health Benefits (PSHB) programs. The change affects hundreds of thousands of federal workers and their families.

The Human Rights Campaign has filed a lawsuit against the OPM policy, alleging that the change violates Title VII’s ban on sex discrimination in employment. Advocates argue that the policy not only limits access to medically necessary care but also signals a broader federal retreat from LGBTQ-inclusive health protections.

Similar proposals are under consideration for the broader American public, including efforts to restrict Medicaid and Medicare coverage for gender-affirming care—moves that could disproportionately impact low-income transgender people, people with disabilities, and those living in rural areas.

Historic anniversaries

In 2026, several historic anniversaries will take place nationwide. The most prominent is the United States’ Semiquincentennial, marking 250 years since the Declaration of Independence. Events are planned across the country, from small-town commemorations to large-scale national celebrations in Washington, D.C.

Among the most anticipated events is the July 4 celebration commemorating 250 years since independence from Great Britain, which is expected to be one of the largest national events of the year.

However, the anniversary planning has already created ripple effects. Capital Pride—Washington’s annual Pride celebration—was forced to move from the second week of June to the third week after the White House announced plans for a large June 14, 2026 celebration on the South Lawn marking President Trump’s 80th birthday.

The White House said the event will include a large-scale Ultimate Fighting Championship (UFC) exhibition involving boxing and wrestling competitions, a decision that has drawn scrutiny from LGBTQ advocates amid ongoing concerns about federal priorities and messaging during a landmark year for the nation.

It also marks 11 years since SCOTUS ruled same-sex marriage is legally protected nationwide with Obergefell v. Hodges.

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Colombia

Claudia López criticizes Trump over threats against Colombian president

Presidential candidate would become country’s first lesbian head of government

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Former Bogotá Mayor Claudia López speaks at the LGBTQ+ Victory Institute's International LGBTQ Leaders Conference in D.C. on Dec. 7, 2024. (Washington Blade photo by Michael K. Lavers)

BOGOTÁ, Colombia — Colombian presidential candidate Claudia López has criticized President Donald Trump after he suggested the U.S. will target Colombian President Gustavo Petro.

“Colombia is very sick, too, run by a sick man, who likes making cocaine and selling it to the United States, and he’s not going to be doing it very long,” Trump told reporters on Air Force One on Sunday.

Trump made the comments a day after American forces carried out an overnight operation and seized now former Venezuelan President Nicolás Maduro and wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.

Petro is a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s. He has urged Colombians to take to the streets and “defend national sovereignty.”

“Colombians are the ones who decide who governs Colombia,” said López on her X account. “President Gustavo Petro won free elections and has a constitutional mandate.”

López did not mention Trump by name in her comment.

The first-round of Colombia’s presidential election will take place on May 31. The country’s 1991 constitution prevents Petro from seeking re-election.

López in 2019 became the first woman and first lesbian elected mayor of Bogotá, the Colombian capital and the country’s largest city. She took office on Jan. 1, 2020, less than a month after she married her wife, Colombian Sen. Angélica Lozano.

“This year we will decide at the polls what direction (the country) is heading and what leadership will advance Colombia,” said López in her X post. “Supporting soft dictatorships and attacking democracies is an absurd and unacceptable political action by the United States towards Colombia, Venezuela, and Latin America.”

López would be Colombia’s first female president if she wins the election. López would also become the third openly lesbian woman elected head of government — Jóhanna Sigurðardóttir was Iceland’s prime minister from 2009-2013 and Ana Brnabić was Serbia’s prime minister from 2017-2024.

The LGBTQ+ Victory Institute in 2024 honored López at its annual International LGBTQ Leaders Conference in D.C. The Washington Blade interviewed her during the gathering.

Editor’s note: International News Editor Michael K. Lavers will be on assignment in Colombia through Saturday.

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