National
Married gay couples reap benefits from DOMA ruling
But some encounter confusion, delays from employers

Mary Glantz and Michelle Schohn of Arlington, Va., at their Provincetown, Mass., wedding in November 2009. (Photo courtesy of Michelle Schohn)
The majority of legally married gay couples with whom the Washington Blade has spoken in recent days said they have had little difficulty receiving benefits for their spouses after the U.S. Supreme Court found a portion of the Defense of Marriage Act (DOMA) unconstitutional.
Michelle Schohn of Arlington, Va., a State Department employee who married her partner of 14 years, Mary Glantz, in Provincetown, Mass., in 2009, told the Blade on Tuesday from Estonia that the agency’s HR personnel recognized the couple as married “within hours” after she faxed them a copy of their marriage license. The couple was also able to update their federal life insurance policy.
Schohn said the USAA also pre-approved her and Glantz for a mortgage to potentially buy a home in Maryland as a married couple.
“It’s been amazingly straight-forward and very easy,” Schohn, who was the president of the Gays and Lesbians in Foreign Affairs Agencies from 2008-2009, said. “The several people that I’ve worked with so far have been very friendly and accommodating. I haven’t had any kind of pushback from anyone.”
The Office of Personnel Management on June 28 issued a memorandum that outlined the benefits for which legally married gay and lesbian federal employees and their children or stepchildren are now eligible. These include health, dental, vision, life and long-term insurance, retirement benefits and the ability to submit claims for medical expenses through flexible spending accounts.
Alex Hardin, who works in the State Department’s Bureau of European Affairs, told the Blade during GLIFAA’s monthly happy hour at the Capitol Skyline Hotel in Southwest D.C. on Tuesday that he and his partner, who is from Japan, are planning to get married in the nation’s capital later this summer.
The DOMA decision opened the door for legally married gays and lesbians to sponsor their foreign-born partners for immigration purposes.
Secretary of Homeland Security Janet Napolitano on July 1 said her agency will treat marriage-based green card applications from same-sex bi-national couples the same as those submitted by heterosexuals.
Hardin’s partner already has a green card, but he told the Blade the Supreme Court’s DOMA ruling eliminates any uncertainty over the status of their relationship once they tie the knot.
“Now we can feel more comfortable knowing that we’re going to be married, we’re going to have the rights and privileges of everybody else,” Hardin said.
Eleven states and D.C. currently allow same-sex marriage. Gays and lesbians will be able to legally tie the knot in Minnesota and Rhode Island on Aug. 1.
The American Civil Liberties Union on Tuesday filed a lawsuit that challenges Pennsylvania’s statuary ban on nuptials for gays and lesbians. The group also plans to contest constitutional amendments in Virginia and North Carolina that define marriage as between a man and a woman.
The ACLU and the National Center for Lesbian Rights in March petitioned the New Mexico Supreme Court to rule on whether same-sex couples can legally marry in the state. Same-sex marriage lawsuits have also been filed in Michigan and Nevada, while motions have been filed in Illinois and New Jersey that seek expedited rulings in cases that seek nuptials for gays and lesbians in the two states.
The Human Rights Campaign, Freedom to Marry and other groups have also launched campaigns to challenge same-sex marriage bans in Arkansas, Florida, Oregon and other states.
Missy Novak of South Deerfield, Mass., contacted the company for which she and her wife both work after the Supreme Court issued its DOMA decision to see whether they and their daughter are now eligible for a family health insurance plan.
The company issued a memo that said “guidance is anticipated” from the Internal Revenue Service and the Department of Labor on “how the ruling affects the laws they enforce.”
Novak said the company told her on Tuesday that it is still waiting to hear from the two agencies.
“We’re kind of eager to hear back from our employer on when are you guys going to be changing this,” she told the Blade.
OPM has said in a series of memos it released after the DOMA ruling that federal gay employees who have entered into civil unions will remain ineligible for most of the benefits that legally married same-sex couples are now able to receive.
GLIFAA President Ken Kero-Mentz said retirement plans are among the issues that still need to be sorted out.
He described the impact of the DOMA decision — specifically the impact it has had on immigration and insurance benefits for gays and lesbians who were unable to obtain federal health insurance benefits while living overseas with their same-sex spouses — as “enormous.”
“DOMA had a particularly hateful effect, especially for us in the foreign service community,” Kero-Mentz said. “We’re able to celebrate that much more within our smaller community because these two massive barriers have now been lifted.”
National
Anti-trans visa ruling echoes Nazi regime destroying trans documents
Trump administration escalates attacks on queer community
The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”
The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.”
This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.
As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.”
Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation.
By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents.
With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”
This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”
And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions.
While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933.
In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare.
Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people.
The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.
The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.”
As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.”
In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.
Pennsylvania
Pa. House passes bill to codify marriage equality in state law
Governor supports gay state Rep. Malcolm Kenyatta’s measure
The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.
House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.
The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.
“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”
BREAKING: The Pennsylvania House just passed @RepKenyatta's bill to codify marriage equality into law in PA — and they did it with broad bipartisan support.
— Governor Josh Shapiro (@GovernorShapiro) March 25, 2026
Here in Pennsylvania, we believe in your freedom to marry who you love. Today, the House has stepped up to protect that…
Florida
DeSantis signs emergency bill that restores Fla. ADAP funding
Temporary funds to last through June 30
After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.
Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.
The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.
Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.
“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.
The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.
DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.
AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.
Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.
The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.
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