National
End of DOMA raises concerns about lingering inequities
Social Security, military benefits could remain problematic after court decision

Issues for married same-sex couples may remain even if the Supreme Court strikes down DOMA. (Washington Blade photo by Michael Key)
While many same-sex couples throughout the country have high hopes that a U.S. Supreme Court ruling striking down the Defense of Marriage Act would mean their marriages would finally have legal status in the eyes of the federal government, certain problems may persist even if the court kills the law.
Depending on the scope of a Supreme Court ruling against Section 3 of DOMA, areas of the law in which couples may continue to face challenges include Social Security benefits — especially if a couple moves to a state that doesn’t recognize their marriages — as well as spousal benefits when one party of the couple is a member of the military, although the immigration issue preventing bi-national couples from staying together in the United States is expected to cease immediately.
Mary Bonauto, civil rights director for Gay & Lesbian Advocates & Defenders, said prior to oral arguments one issue in a post-DOMA world is Social Security benefits if a same-sex couple marries in one state and moves to another where their union isn’t recognized. The survivor benefits given to spouses upon the death of their loved ones is among the more than 1,000 federal benefits withheld from married gay couples under DOMA.
“Say you are married in Massachusetts … and you apply for Social Security in Massachusetts, there would be no doubt with DOMA gone, that your spouse is a spouse for Social Security purposes,” Bonauto said. “However, should you relocate to Florida and apply for Social Security benefits there, it’s more of a problem because Social Security law is going to look at the validity of the marriage at the time you apply for benefits, so your state of residence at the time you apply really matters.”
Bonauto added the aftermath of a ruling striking down DOMA may create “a patchwork” that in some situations would make same-sex marriage dependent on their state validity. Ironing out this patchwork, she said, would take either more litigation, legislation or advocacy within the administration to make changes.
“The overwhelming majority of federal programs don’t specify what state law applies, so it may just be for some situations, a matter of some guidance coming for the agencies that say whether you’re married for a particular benefit,” Bonauto added. “That’s a very practical nuts-and-bolts thing that, you know, we don’t have the luxury of worrying about right now because DOMA is still on the books.”
Susan Silber, a lesbian Takoma Park-based lawyer who specializes in family law for gay couples, said a ruling could affect gay couples differently if the court strikes down DOMA but leaves the constitutional right to marry in the case against California’s Proposition 8 an open question.
“Let’s say a couple was married for 30 years, but because they couldn’t get married until two years ago, it would look technically like they’ve only been married for two years,” Silber said. “But when they’re now dividing up their property, will courts say, ‘Oh you’ve only been married two years, there’s not a lot of marital property to buy?’ or will the court recognize that longer-term relationships deserve some recognition and do some kind of equity based on the non-technical part.”
The Human Rights Campaign didn’t respond to requests for comment on lingering issues for married gay couples.
But the general agreement is that the Respect for Marriage Act, legislation designed to repeal DOMA, would address lingering problems regarding state validity because of the “certainty clause” in the bill. Under that provision, gay couples that legally marry in one jurisdiction would be assured federal benefits even if they move to another state that doesn’t recognize same-sex marriage. The Respect for Marriage Act has yet to be introduced in the 113th Congress.
Sen. Tammy Baldwin (D-Wis.) said during a Blade interview on Monday that she thinks the Respect for Marriage Act could see additional co-sponsors in the wake of so many legislators coming out for marriage equality, but certain bills may have to be rewritten in the aftermath of a court ruling striking DOMA before going forward.
“I think that trend is a very positive one, and, yet, once the Supreme Court in June announces its decision in these two cases, we’re going to have to read those decisions very carefully, understand their reach, impact and then go about the task of looking at their impact on pending legislation,” Baldwin said. “So it may mean that certain things need to be re-written. And that will be a joyous task if we made progress, but we still have a little bit more to go.”
Jon Davidson, legal director or Lambda Legal, was optimistic adjustments could be made, saying the federal government has had to determine previously whether to recognize certain marriages and disputed any notion advanced by DOMA proponents that overturning the law would create a legal mess.
“It’s very important that it be understood that that argument is baseless, as this issue has always existed without creating undue burdens for the federal government,” Davidson said. “For example, some states allow first cousins, or uncles and nieces and aunts and nephews, to marry, and some other states will not allow couples that closely related to marry and will not recognize marriages like those entered in other states as valid for purposes of their own state law.”
Another piece of legislation may be necessary to address the benefits issue for gay service members with same-sex spouses. Sections of U.S. code governing benefits for U.S. service members define marriage as one man, one woman independent of DOMA. Titles 10, 32 and 37 are controlled by DOMA in terms of their definition of marriage, but Title 38, which addresses veterans benefits, defines “spouse” and “surviving spouse” in similar terms and restricts the definitions of persons to the “opposite sex.”
Sen. Jeanne Shaheen (D-N.H.), who sponsors legislation known as Charlie Morgan Act that would afford benefits to gay troops, said in a statement to the Blade that she’s prepared to push forward with the bill in the event that the Supreme Court ruling doesn’t address this issue.
“The Charlie Morgan Act would amend the definition of ‘spouse’ in the federal code in four areas and in turn grant same-sex military couples many benefits that they’ve rightfully earned,” Shaheen said. “Depending on how the Supreme Court rules on DOMA, legislation like this could still be necessary to ensure fairness and equality for all our men and women serving in uniform. Regardless of how the Supreme Court rules, I will continue to work with my colleagues on behalf of our LGBT servicemen and women, and their families, because no one should be denied benefits due to their sexual orientation.”
There may be other difficulties as well. A blog posting Monday from National Public Radio’s Michelle Andrews speculates that married gay couples may have trouble covering their families with company insurance, although many businesses are pre-emptively addressing the issue.
“If a same-sex couple both lives and works in the District there may not be insurance difficulties,” Andrews writes. “But what if one of them works in Virginia, where same-sex marriage isn’t recognized? If a Virginia-based employer doesn’t voluntarily provide benefits to same-sex spouses, the employee might not be able to insure a spouse even though they’re legally married in the state where they live.”
But one issue that’s expected to immediately go away in the inability of gay Americans to sponsor their spouses for residency in the United States via a marriage-based green card application. Each time when asked to address the issue, the Obama administration has cited Section 3 of DOMA — and only Section 3 of DOMA — as the reason why sponsorship of a foreign spouse is unavailable for gay couples.
Lavi Soloway, a gay immigration attorney and founder of The DOMA Project, explained during a conference call last week that gay Americans should be able to sponsor their same-sex couples for residency in the United States immediately after the law is struck down.
“The moment the Defense of Marriage is struck down, green card petitions filed by same-sex married couples can be approved,” Soloway said. “There’s no other barrier; we’ve established that by filing 70 green card petitions over the last three years, we’ve established that with 40 appeals to the Board of Immigration Appeals, we’ve established that with 10 remanded cases from the Board of Immigration Appeals. The government’s position is that the law prevents same-sex couples from access only because of Section 3 of the Defense of Marriage Act. I’ve no expectation that the Obama administration will have any different opinion the day after DOMA is struck down — if that happens.”
Texas state Rep. James Talarico won a hard-fought primary Tuesday to become the state’s Democratic nominee for U.S. Senate, defeating U.S. Rep. Jasmine Crockett in one of the year’s most closely watched and competitive Democratic contests.
Talarico, a Presbyterian seminarian and three-term lawmaker from Round Rock, was declared the winner by the Associated Press early Wednesday morning after a closely tracked vote count that drew national attention.
“Tonight, the people of our state gave this country a little bit of hope,” Talarico told the AP. “And a little bit of hope is a dangerous thing.”
With 52.8% of the vote to Crockett’s 45.9%, Talarico secured the nomination outright, avoiding a runoff and capping months of sharp contrasts between the two candidates over strategy, messaging, and how best to compete statewide in Texas. Democrats hope the competitive primary — and the relatively narrow margin — signals growing momentum in a state that has not elected a Democrat to the U.S. Senate since 1988.
Talarico has long expressed support for the LGBTQ community, a position he highlights prominently on his campaign website. Under the “Issues” section, he directly addresses assumptions that might arise from his faith and background as a seminarian in a deeply conservative state.
“My faith in Jesus leads me to reject Christian Nationalism and commit myself to the project of democracy,” his website reads. “Because that’s the promise of America: a democracy where every person and every family — regardless of religion, race, gender, sexual orientation, or any other difference between us — can truly be free and live up to their full potential.”
Crockett struck a conciliatory tone following her defeat, emphasizing party unity ahead of November.
“This morning I called James and congratulated him on becoming the Senate nominee,” Crockett told Politico. “Texas is primed to turn blue and we must remain united because this is bigger than any one person. This is about the future of all 30 million Texans and getting America back on track.”
Talarico also drew national attention earlier in the race when “Late Show” host Stephen Colbert said he was initially unable to air an interview with the state legislator due to potential FCC concerns involving CBS. The episode sparked a broader political debate.
Brendan Carr, chair of the Federal Communications Commission, appointed by President Donald Trump, told reporters the controversy was a “hoax,” though he also acknowledged Talarico’s ability to harness the moment to build support as an underdog candidate. The interview was later released online and garnered millions of views, boosting Talarico’s national profile.
In November, Talarico will face the winner of the Republican primary between incumbent Sen. John Cornyn and Texas Attorney General Ken Paxton, who have been locked in a bruising GOP contest. Rep. Wesley Hunt was also in the Republican primary field. The GOP race is expected to head to a May runoff.
In a joint statement, Senate Minority Leader Chuck Schumer and Democratic Senatorial Campaign Committee Chair Kirsten Gillibrand praised Talarico’s victory and framed him as a candidate capable of broad appeal.
“As an eighth-generation Texan, former middle school teacher, and Presbyterian seminarian, James will be a fighter for Texans from all walks of life and of all political stripes,” they said. “In November, Texans will elect a champion for working people: James Talarico.”
National
Peter Thiel’s expanding power — and his overlap with Jeffrey Epstein
Gay billionaire’s name appears 2,200 times in files, but no criminality alleged
There are few figures in modern politics whose reach extends across Silicon Valley, Wall Street, and Washington, D.C., as Peter Thiel’s.
A billionaire venture capitalist, Thiel built his fortune at the dawn of the internet age and has since positioned himself at the highest levels of U.S. technology, finance, and national defense infrastructure. He is best known as a co-founder of PayPal, an early investor in Facebook, and the co-founder of Palantir Technologies — a data analytics firm that maintains significant contracts with U.S., U.K., and Israeli defense and intelligence agencies.
Over the last two decades, Thiel has also built an interconnected network of investment vehicles — Clarium Capital, Founders Fund, Thiel Capital, Valar Ventures, and Mithril Capital — giving him influence over emerging technologies, political candidates, and ideological movements aligned with his worldview. Through these firms, Thiel has backed companies in artificial intelligence, defense technology, biotech, cryptocurrency, and financial services, often positioning himself early in sectors that later became central to public policy debates.
Born in Frankfurt, West Germany, in 1967, Thiel immigrated to the United States as an infant. He later attended Stanford University, earning a degree in philosophy before graduating from Stanford Law School in 1992. As an undergraduate, he founded The Stanford Review, a conservative student publication that opposed what it described as campus “political correctness.” The paper became a platform for combative and contrarian arguments that previewed themes Thiel would revisit in later essays and speeches about elite institutions, democracy, and technological stagnation.
Thiel’s professional ascent coincided with the explosive growth of the dot-com era. In 1998, he co-founded PayPal, helping pioneer digital payment systems that would become foundational to online commerce. When the company was sold to eBay in 2002 for $1.5 billion, Thiel emerged a multimillionaire and part of what would later be known as the “PayPal Mafia” — a loose but influential network of founders and early employees who went on to launch or invest in some of Silicon Valley’s most dominant firms.
In 2004, Thiel made one of the most consequential investments of his career, providing $500,000 in seed funding to Facebook, then a fledgling social network founded by Mark Zuckerberg. He became the company’s first outside investor and later served on its board. That early bet proved extraordinarily lucrative and cemented Thiel’s status as a major venture capitalist with a reputation for identifying transformative platforms before they reached scale.
The same year, he co-founded Palantir Technologies. Initially backed in part by In-Q-Tel, the CIA’s venture capital arm, Palantir developed software — including its Gotham platform — designed to help defense, intelligence, and law enforcement agencies integrate and analyze massive datasets. The company’s tools allow users to map relationships, identify patterns, and visualize complex networks across financial records, communications data, and other digital trails.
Over time, Palantir secured billions of dollars in public-sector contracts. It has worked with the U.S. Department of Defense, Immigration and Customs Enforcement, the Centers for Disease Control and Prevention, and allied governments abroad. Public reporting has documented that its global government contracts exceed $1.9 billion, including agreements with Israeli defense entities — relationships that reportedly expanded following the Oct. 7 attacks in Israel. Critics have raised concerns about civil liberties and surveillance, while supporters argue the company provides essential national security tools.
By the mid-2000s, Thiel was no longer simply a wealthy entrepreneur. He was a financier operating at the intersection of capital, advanced technology, and government — with investments embedded in some of the country’s most sensitive security systems. His political giving would later extend that influence further, including support for candidates aligned with his populist and nationalist leanings– notably Donald Trump in 2016.
As his wealth and influence expanded, so too did his proximity to other powerful — and, in some cases, controversial — figures in global finance.
Among them was Jeffrey Epstein.
Thiel’s name appears more than 2,200 times in documents released so far by the U.S. Department of Justice related to Epstein. A name appearing in legal filings does not, by itself, indicate wrongdoing. However, the extensive references illustrate that Epstein’s social and financial network intersected with elite figures in technology, academia, politics, and finance — including individuals connected to Thiel’s business and philanthropic circles.
Epstein’s legal troubles became public in 2005, when police in Palm Beach, Fla., investigated allegations that he had sexually abused a minor. In 2008, he pleaded guilty in state court to soliciting prostitution from a minor under a plea agreement that was widely criticized as unusually lenient. He served 13 months in county jail with work-release privileges and was required to register as a sex offender. Comparable federal charges can carry significantly longer sentences.
Despite that conviction, Epstein continued to maintain relationships with prominent business and political figures for years. The extent to which members of elite networks remained in contact with him after his guilty plea has been the subject of extensive scrutiny.
Documents released by the Justice Department indicate that individuals connected to Thiel’s philanthropic and investment circles communicated with Epstein after his conviction. One document shows an invitation, sent on behalf of the Thiel Foundation, for Epstein to attend a technology event in San Francisco. Additional financial records and reporting indicate that between 2015 and 2016, Epstein invested approximately $40 million in funds managed by Valar Ventures, one of Thiel’s firms. Other records reflect meetings and correspondence, at times arranged through intermediaries. Epstein also extended invitations to his Caribbean residence.
There is no evidence that Thiel was involved in Epstein’s criminal conduct. The documented interactions do, however, show numerous planned meetings between the two both in the Caribbean (where Epstein’s infamous island is located) and across the world, while also raising questions about why business relationships continued after Epstein had pleaded guilty to a sex offense involving a minor and was a registered sex offender. For critics, that continued engagement speaks to the insular nature of elite finance, where access to capital and networks can override reputational risk.
Palantir represents another overlap. In emails made public through Justice Department releases, Epstein referenced Palantir in correspondence with Ehud Barak, the former Israeli prime minister who also maintained ties to Epstein. The emails do not indicate that Epstein had operational involvement in Palantir or access to its systems, however, they show that he discussed one of Thiel’s most strategically significant companies — a firm deeply integrated into Western defense and intelligence systems — with senior political figures abroad.
Separately, Thiel’s long-running dispute with Gawker Media offers additional insight into how he has exercised power outside traditional political channels.
After Gawker published an article in 2007 that publicly identified Thiel as gay, he later secretly funded litigation brought by professional wrestler Hulk Hogan over the outlet’s publication of a sex tape. The lawsuit resulted in a $140 million judgment against Gawker, which ultimately filed for bankruptcy. Thiel later confirmed his financial backing of the case, framing it as a defense of privacy and a response to what he considered reckless media behavior.
The episode demonstrated Thiel’s willingness to deploy substantial financial resources strategically and, at times, discreetly. It also illustrated how wealth can be used to influence institutions — whether through venture capital, political donations, or litigation.
Taken together, the record does not establish criminal liability for Thiel in connection with Epstein. It does, however, situate him within a dense web of elite finance, national security contracting, political influence, and reputation management. As additional documents related to Epstein continue to emerge, that web — and the decisions made within it — remains a subject of public interest and ongoing scrutiny.
National
Supreme Court deals blow to trans student privacy protections
Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.
The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.
The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.
The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.
The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.
Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.
Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.
The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.
“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”
In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”
Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.
The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.
The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.
California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.
The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.
