News
Obama admin says insurers can’t discriminate against gay unions
Prohibits discrimination even in non-marriage equality states

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.”
The White House
SPJ calls for take down of Trump’s ‘media offenders’ website
White House launched online database on Monday
The Society for Professional Journalists has called out the White House for creating a website that targets individual journalists and news outlets that publish unfavorable coverage of the Trump-Vance administration.
In a letter to White House Press Secretary Karoline Leavitt on Monday, the SPJ — the nation’s most broad-based journalism organization, which works to protect the free practice of journalism with high ethical standards — asked the White House to take down its website singling out journalists for negative coverage of the administration.
“Journalists have a constitutionally protected and societally encouraged duty to hold power to account. They are not political opponents to be tracked, cataloged or punished,” the letter signed by SPJ National President Chris Vaccaro and SPJ Ethics Committee Chair Dan Axelrod.
“By publishing reporters’ names, outlets and specific stories, the White House is naming and shaming members of the press in a highly charged political and social environment. SPJ regards this as a form of online harassment that exposes journalists to potential threats and even violence.”
The website currently lists 23 outlets as “Media Offenders of the Week,” singling out national organizations like CBS News, the Boston Globe, and the Independent. The website says these particular organizations “misrepresents and exaggerates President Trump.”
The letter goes on to explain that there are more civil ways to disagree with published stories without singling out people for doing the only constitutionally protected job in the country.
“There are well-established ways of resolving disagreements over the fairness or accuracy of stories. The White House web page attacking so-called ‘media offenders’ ignores these principles and instead denigrates and attacks reporters.”
It also highlights how Trump often attacks women journalists in particular, noting that two weeks ago he told White House correspondent Catherine Lucey from Bloomberg News to be “quiet piggy” after she asked questions related to Trump’s relationship with sex offender Jeffery Epstein on Air Force One.
“Journalists, particularly women, already face an enormous amount of online harassment, and this can convert into physical violence. As you know, women journalists have also been publicly insulted by the president in recent weeks.”
The letter also explains that attacks like this on the legitimate press can cause tensions between journalists who attempt to hold those in power responsible and the public who consumes the rhetoric.
“This page, which categorizes reporting as ‘lies,’ ‘left-wing lunacy,’ and ‘malpractice,’ has a chilling effect on coverage. It undermines the healthy democratic relationship in which journalists hold power to account.”
The letter also draws a connection to how the Russian authoritarian dictatorship references media it dislikes, saying, “The president’s new ‘media offenders’ list mirrors a 2017 initiative by the Kremlin that labeled independent journalism as ‘fake news.’ The United States should not follow that example.”
“SPJ believes civility must be restored between the media and the Administration. Removing this page would be a vital first step toward lowering the temperature and reinforcing America’s commitment to free expression.”
The SPJ’s code of ethics, widely regarded as the ethical standard for good journalism, has four main pillars: Seek Truth and Report It, Minimize Harm, Act Independently, and Be Accountable and Transparent. The code was adopted in 1926 from the American Society of Newspaper Editors and has been revised multiple times since then, including in 1984, 1987, 1996, and most recently in 2014.
NLGJA, the The Association of LGBTQ+ Journalists is the journalist-led association that works within the news media to advance fair and accurate coverage of LGBTQ+ communities and issues, provided a statement to the Blade on the website and supports the SPJ’s public call for removing the website to restore faith in journalistic freedom in the U.S.
“We stand with SPJ in urging the Trump administration to remove its website targeting so-called “media offenders.” While NLGJA believes that media organizations should be held to the highest standards of accuracy and ethical reporting, this website does nothing to support a healthy press environment,” National Board President Ken Miguel told the Blade via email. “Instead, it undermines public trust in the free press, enables the harassment and targeting of journalists, and hinders their ability to cover the news fairly and accurately. Journalists must be able to do their work without fear of government retaliation.”
The White House has not responded to the Washington Blade’s request for comment on the letter.
Maryland
FreeState Justice launches 501(c)(4) group
FreeState Equality will focus on policy and advocacy
FreeState Justice, an LGBTQ organization that provides legal services, community programs, and public education in Maryland, announced the launch of FreeState Equality on Wednesday.
The new, independent organization intends to pursue advocacy and policy work beyond the legal capability of FreeState Justice, a 501(c)(3) non-profit. FreeState Equality functions as a 501(c)(4) organization, meaning it can partake in political activity.
“We are committed to transparency throughout this process and look forward to continuing our work together in service of LGBTQ+ Marylanders,” said FreeState Justice Executive Director Phillip Westry.
FreeState Equality will take on policy, advocacy, and civic engagement initiatives while FreeState Justice will pursue legal and direct-service work, according to Westry.
While both organizations adhere to similar values, they will feature separate leadership, operations and compliance.
FreeState Equality is hosting its first launch fundraiser on Dec. 10 at the Brass Tap in Baltimore. The event, held from 5-7 p.m., will feature insight from FreeState Equality staff about how Maryland policy can support the state’s LGBTQ community.
Attendees can purchase fundraiser tickets on Zeffy for $25 general admission, which includes a free first drink. The organization also welcomes additional donations.
By LEE O. SANDERLIN, PAMELA WOOD and BRENDA WINTRODE | Maryland House of Delegates Speaker Adrienne A. Jones, the first woman and first person of color to hold her position, stepped down from her leadership post Thursday, effective immediately.
Jones, 71, has been a member of the legislature since 1997 and ascended to the top role in 2019 following the death of longtime House Speaker Michael E. Busch.
Jones held a meeting with top House Democratic leaders Thursday afternoon, sources said, at which she informed them of her decision. In a statement, Jones described the changes of life’s seasons and said she was ready to focus on what lies ahead.
The rest of this article can be found on the Baltimore Banner’s website.
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