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DOD computer glitch delays benefits for gay spouses

‘If I should die now, my wife is out of luck’

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Jeff Zarillo, Paul Katami, Sandy Stier, Kris Perry, David Boies, Chad Griffin, gay marriage, same-sex marriage, marriage equality, Proposition 8, Defense of Marriage Act, DOMA, Prop 8, California, Supreme Court, gay news, Washington Blade
Jeff Zarillo, Paul Katami, Sandy Stier, Kris Perry, David Boies, Chad Griffin, gay marriage, same-sex marriage, marriage equality, Proposition 8, Defense of Marriage Act, DOMA, Prop 8, California, Supreme Court, gay news, Washington Blade

Defense Department (DOD) computers are encountering problems in registering same-sex partners for military benefits in the wake of the Supreme Court ruling striking down a key provision of DOMA. (Washington Blade photo by Michael Key)

Kelly Egan, a retired chief master sergeant who served 20 years in the Air Force, says she watched with great interest in June when the U.S. Supreme Court overturned a key provision of the Defense of Marriage Act, or DOMA.

With the White House and Pentagon announcing that the government would move quickly to ensure that same-sex spouses of federal civilian and military personnel would be eligible for full spousal benefits that had long been denied under DOMA, Egan says she took steps to add her wife as a beneficiary for her military survivor benefit program.

Much to her disappointment, Egan says, her application for the benefit for her wife was denied – not by the military officials with whom she spoke but by the Defense Enrollment and Eligibility Reporting System, or DEERS, a massive computerized database system operated by the Department of Defense.

“The whole screen went black,” Egan told the Blade in describing what happened when a polite benefits clerk at the Pentagon entered her application into a computer terminal. According to Egan, the computer glitch was triggered by the fact that she and her spouse are of the same gender.

“They told me they hope to get this fixed in September,” Egan said. “They said it’s a software issue. But if I should die now, my wife is out of luck.”

Egan said she was told that the same problem is surfacing for active duty and retired military members who are applying for benefits for same-sex spouses both in the U.S. and in military installations overseas.

“The Department of Defense is working alongside the Department of Justice to implement the Court’s decision as quickly as possible,” said Lt. Commander Nate Christensen, a DOD spokesperson, in an email to the Blade. “At this time no decisions have been made,” he said.

A representative of the DEERS system’s regional office that processes benefits for D.C.-area military personnel and military retirees said the office would arrange for a spokesperson to discuss the issue of processing same-sex benefit requests. A spokesperson did not immediately respond.

Egan said the civilian staff member with whom she spoke at the Pentagon and another civilian staffer she visited at the U.S. Army base at Fort Myers in Arlington, Va., were cordial and expressed considerable interest in helping her. But she said they were unable to override the DEERS system’s computer program that steadfastly denied her application for the survivor benefit for her spouse.

“I went to Fort Myers first because the DEERS system can be accessed at any base,” she said. “The guy there was very nice and invited me to sit down. When I told him what I needed the first thing he said was, ‘Where is your husband.’” Egan recounted.

“I said, well, it’s my wife. And he said, OK, great. You’re the first one to come in for that.”

However, like the clerk at the Pentagon, the Fort Myers staffer could not get past the DEERS system block in processing a same-sex spouse.

David McKean, an attorney and former legal director for OutServe-Service Members Legal Defense Network, a group that has assisted LGBT military members, said DOD officials told him six weeks ago that DOD was working hard to fix the problem.

“It is the single point of entry to be qualified for all military benefits,” McKean said of DEERS. “In order to get an I.D. card, in order to have your spouse to qualify for housing or to get health insurance – all that stuff – requires registration in DEERS,” he said.

“And the DEERS system, when you enter your [same-sex] spouse and show your marriage license, as you’re required to do, you get an error message,” he said. “As far as I can tell, this is the only barrier to extending same-sex spouse benefits in the military.”

McKean said he was hopeful that DOD officials, who are aware of the problem, can fix it soon. He said DOD officials told him that people like Kelly Egan and other retired or active duty military members, will have their benefits back dated to June 26, the day the Supreme Court issued its DOMA decision, once the computer programs are corrected.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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