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.”
Obituary
Thomas A. Decker of Arlington dies at 73
Active in visiting AIDS patients, urging Congress to fight HIV
Thomas A. Decker Jr, of Arlington, Va., died March 3, 2026 following an extended illness, according to a statement released by his family. He was 73.
Born and raised in Canton, Ohio, Decker attended the University of Akron and earned his bachelor’s degree in political science. He then moved to the Washington, D.C. area and accepted a position with Beaver Press where he worked for 32 years, according to the statement.
He later worked in the Inova Juniper Program working with HIV/AIDS clients to assist them with support services and was active as a volunteer visiting AIDS patients in the hospital or advocating on Capitol Hill for HIV funding.
Tommy, as he was called by family, is survived by three sisters, a sister-in-law and two brothers-in-law: Carol Decker and Kathryn Kramer of West Newbury, MA, Margaret and Thomas Williams of Bluffton, SC, Mary Sue and Timothy Desiato of New Philadelphia, Ohio, Niece’s Trina and Chad Wedekind of Jacksonville Fl and great niece Isabella, Lindsay and Will Burgette of Dublin, Ohio and great nephews Colin and Luke and Nephews David Williams of Jacksonville, Florida, and Michael and Lucy Desiato of Dublin, Ohio and great nieces Lena and Stella. In accordance with Tom’s wishes, he will be buried at Calvary Cemetery in Massillon, Ohio.
District of Columbia
Gay candidate running for D.C. congressional delegate seat
Robert Matthews among 19 hoping to replace Eleanor Holmes Norton
Robert Matthews, a former director of the D.C. Child and Family Services Agency, is running in the city’s June 16 Democratic primary for the D.C. Congressional Delegate seat as an openly gay candidate, according to a statement released by his campaign to the Washington Blade.
Matthews is one of at least 19 candidates running to replace longtime D.C. Congressional Del. Eleanor Holmes Norton (D), who announced earlier this year that she is not running for re-election.
Information about the candidates’ campaign financing compiled by the Federal Elections Commission, which oversees elections for federal candidates, shows that Matthews is one of only six of the candidates who have raised any money for their campaigns as of March 17.
Among those six, who political observers say have a shot at winning compared to the remaining 13, are D.C. Council members Brooke Pinto (D-Ward 2) and Robert White (D-At-Large). Both have longstanding records of support for LGBTQ rights and the community.
The FEC campaign finance records show Matthews was in fourth place regarding the money raised for his campaign, which was $49,078 as of March 17. The FEC records show Pinto’s campaign in first place with $843,496 raised, and White in third place with $230,399 raised.
The Matthews campaign statement released to the Blade says Matthews’s “commitment to the LGBTQ community is not a campaign position. It is the foundation of his life and his life’s work.”
The statement adds, “As the former director of D.C.’s Child and Family Services Agency, Robert led the District’s child welfare system with an explicit commitment to LGBTQ-affirming care.” It goes on to say, “He ensured that LGBTQ, trans, and nonbinary youth in foster care — among the most vulnerable young people in our city — were served with dignity, cultural humility, and genuine support.”
Among his priorities if elected as Congressional delegate, the statement says, would be “fighting to end homelessness among queer and trans seniors and youth,” opposing “federal roadblocks” to LGBTQ related health services, and defending D.C.’s budget and civil rights laws “from federal interference that directly threatens LGBTQ residents.”
The other three candidates who the FEC records show have raised campaign funds and observers say have a shot at winning are:
• Kinney Zalesne, former deputy national finance chair at the Democratic National Committee and an official at the U.S. Justice Department during the Clinton administration, whose campaign is in second place in fundraising with $593,885 raised.
• Gordon Chaffin, a former congressional staffer whose campaign has raised $17,950.
• Kelly Mikel Williams, a podcast host and candidate for the Congressional Delegate seat in 2022 and 2024, whose 2026 campaign has raised $3,094 as of March 17.
The Blade reached out to the Zelesne, Chaffin, and Williams campaigns to determine their position on LGBTQ issues. As of late Wednesday, the Zelesne campaign was the only one that responded.
“Kinney believes LGBTQ rights are fundamental civil rights and central to what makes Washington, D.C. a strong and vibrant community,” a statement sent by her campaign says. “At a time when LGBTQ people (especially transgender and nonbinary neighbors) are facing escalating political attacks across the country, she believes the District must continue to lead in protecting dignity, safety, and freedom for all,” it says.
The statement adds, “Throughout her career in government, business, and nonprofit leadership, Kinney has worked alongside LGBTQ and queer advocates and leaders. She is committed to maintaining an active partnership with the community to make sure LGBTQ voices remain central to the District’s future.”
Idaho
Idaho advances bill to restrict bathroom access for transgender residents
HB 752 passed in state House of Representatives on Monday
The Idaho House of Representatives passed House Bill 752 on Monday, a measure that would make it a crime for a person to use a bathroom other than the one designated for their “biological sex.”
The story was first reported by the Idaho Capitol Sun after the bill cleared the House.
House Bill 752 would make it a criminal offense — either a misdemeanor or a felony, depending on the number of prior offenses — for individuals who “knowingly and willfully” enter a bathroom or changing room designated for the opposite sex.
The bill would apply to public buildings, including government-owned spaces, and places of “public accommodation,” a category that includes private businesses.
According to the bill’s text, it would “prohibit a person from entering a restroom or changing room designated for the opposite sex; provide a penalty; provide exceptions; define terms; and declare an emergency and provide an effective date.”
A first offense would be a misdemeanor, punishable by up to one year in prison. A second or subsequent offense within five years would be a felony, punishable by up to five years in prison.
The bill passed in a 54–15 vote on Monday. Six Republicans broke with their party’s majority to join nine Democrats in opposing the measure.
The bill’s sponsor, state Rep. Cornel Rasor, a Republican from Sagle near the Washington-Idaho border, told House lawmakers that the legislation is intended to protect women and girls.
“It prevents discomfort and voyeurism escalation and assaults, while preserving single-user options and narrow exceptions so no one is denied access for emergency aid,” Rasor said.
State Rep. Chris Mathias, a Democrat from Boise, disagreed, arguing that the legislation would unfairly target transgender Idahoans.
“The truth of the matter is — and I know a lot of people don’t want to say it — but forcing people who don’t look like the sex they were assigned at birth, or transgender folks, to use other people’s bathrooms is going to put a lot of people in danger,” Mathias said.
The Idaho American Civil Liberties Union made a statement about the bill following its passage.
“Idaho lawmakers continue pushing these harmful, invasive bathroom laws, yet cannot present credible evidence that transgender people using gender-aligned bathrooms threaten public safety,” the Idaho ACLU said. “The bill does nothing to address real criminal acts, such as sexual assault or voyeurism, and disregards concerns from law enforcement about the burden enforcement would place on local resources.”
In addition to human rights advocates, who have spoken out against similar bills advancing in state legislatures across the country, Idaho law enforcement groups have also opposed the measure. They argue that the way the legislation is written would “pose significant practical enforcement challenges,” noting that officers are tasked with maintaining public safety — not conducting gender checks or policing bathroom access.
During a committee hearing last week, law enforcement representatives and several trans Idahoans testified that the bill would make many residents less safe.
“Officers responding to a complaint would be placed in the difficult position of determining an individual’s biological sex in order to enforce the statute,” Idaho Fraternal Order of Police President Bryan Lovell wrote. “In many circumstances, there is no clear or reasonable way for officers to make that determination without engaging in questioning or investigative actions that could be viewed as invasive and inappropriate.”
The Idaho Sheriffs’ Association requested that lawmakers amend the bill to require that individuals be given an opportunity to leave a bathroom immediately before facing potential prosecution.
The bill now heads to the Idaho Senate for consideration. To become law, it must pass both chambers and avoid a veto from the governor.
A separate bathroom bill, House Bill 607, which would be enforced through civil lawsuits, passed the House last month but has not yet received a committee hearing in the Senate.
