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Pentagon pressured to act on Nat’l Guard units denying gay benefits

Levin, Smith urge Hagel to clarify ‘all married military couples must be treated equally’

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Adam Smith, Congress, Washington, gay news, Washington Blade
Adam Smith, Congress, Washington, gay news, Washington Blade

Sen. Carl Levin (left) and Rep. Adam Smith are calling on the Pentagon to ensure gay troops can apply for spousal benefits at state National Guards. (Blade file photo by Michael Key).

Top congressional Democrats on defense issues are calling on the Pentagon to take action as additional state National Guard units are refusing to process spousal benefit applications for troops in same-sex marriages, according to a letter obtained Wednesday by the Washington Blade.

In a letter dated Sept. 30, Rep. Adam Smith (D-Wash.) and Sen. Carl Levin (D-Mich.) write to the Defense Department to express “deep concern” over the unwillingness of certain state National Guard units to process spousal benefits for troops in same-sex marriages.

“Recently, the states of Texas, Mississippi, Louisiana and Oklahoma have refused to issue or have stopped issuing ID cards in state facilities to same-sex spouses of service members,” the lawmakers write. “Citing statewide bans on marriage for same-sex couples, local policymakers have forced these spouses to travel to federal military installations to apply for their military benefits.”

The letter is significant because it’s the first time federal lawmakers have weighed in on the issue of National Guard units refusing benefit applications for same-sex couples and because Smith and Levin are the top Democrats on the House and Senate armed services committees.

Smith and Levin urge Defense Secretary Chuck Hagel to take action to reaffirm guidance he issued in August saying spousal benefits for troops in same-sex marriages should be available nationwide following the Supreme Court decision against the Defense of Marriage Act.

“We urge you to issue further guidance on this matter, reaffirming that all married military couples must be treated equally, and clarifying the state National Guards, because they are funded in large part by federal tax dollars, cannot choose to ignore this order by denying some lawfully married military couples equal access to the federal benefits to which they are entitled,” Smith and Levin write.

The number of state guard units that have announced they won’t issue spousal military IDs for troops in same-sex marriages continues to grow. On Tuesday, the South Carolina National Guard announced that in the wake of the decision, it would stop processing benefit applications altogether and direct all married couples — gay and straight to federal military installations.

According to American Military Partner Association, Indiana has started to deny benefits applications at state-run installations. The Indiana National Guard didn’t respond to a request to confirm that these benefits are being blocked. [UPDATE: After the initial publication of this article, the American Military Partner Association said Indiana rescinded the decision and will process same-sex spouses.]

Stephen Peters, president of the American Military Partner Association, echoed the sense of Smith and Levin and said the time has come for the federal government to take action.

“These service members and their families deserve better than to be treated poorly by state governors trying to score political points,” Peters said. “We again call on the Secretary of Defense for quick and decisive action.”

The Obama administration has said little in response to the state National Guard units declining the benefit applications for same-sex troops despite the Pentagon directive saying these benefits should be made available even in states that don’t recognize same-sex marriage. The Pentagon has directed troops to apply for these benefits at federal installations.

Lt. Cmdr. Nathan Christensen, a Pentagon spokesperson, declined to comment on the correspondence or its call for a federal response to the guards.

“It would be inappropriate for me to comment on the secretary’s correspondence,” Christensen said. “He responds directly to correspondence received.”

Ian Thompson, legislative representative from the American Civil Liberties Union, said the letter from House Democrats demonstrates that continued withholding of benefits at national guard installations “cannot go unaddressed.”

“The Department of Defense needs to reaffirm that, consistent with the Supreme Court’s ruling in U.S. v. Windsor, all married military couples must be treated equally, and state National Guards cannot choose to ignore this order by denying some lawfully married couples equal access to the federal benefits to which they are entitled,” Thompson said.

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Congress

House passes reconciliation with gender-affirming care funding ban

‘Big Beautiful Bill’ now heads to the Senate

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael. Key)

The Republican-led U.S. House of Representatives on Thursday voted 215-214 for passage of the “One Big Beautiful Bill Act” reconciliation package, which includes provisions that would prohibit the use of federal funds to support gender-affirming care.

But for an 11th hour revision of the bill late Wednesday night by conservative lawmakers, Medicaid and CHIP would have been restricted only from covering treatments and interventions administered to patients younger than 18.

The legislation would also drop requirements that some health insurers must cover gender-affirming care as an “essential health benefit” and force states that currently mandate such coverage to find it independently. Plans could still offer coverage for transgender care but without the EHB classification patients will likely pay higher out of pocket costs.

To offset the cost of extending tax cuts from 2017 that disproportionately benefited the wealthiest Americans, the reconciliation bill contains significant cuts to spending for federal programs like Medicaid and the Supplemental Nutrition Assistance Program.

The Human Rights Campaign criticized House Republicans in a press release and statement by the group’s president, Kelley Robinson:

“People in this country want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers voted to give  handouts to billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.

“If the cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics weren’t devastating enough, House Republicans added a last minute provision that expands its attacks on access to best practice health care to transgender adults.

“This cruel addition shows their priorities have never been about lowering costs or expanding health care access–but in targeting people simply for who they are. These lawmakers have abandoned their constituents, and as they head back to their districts, know this: they will hear from us.”

Senate Republicans are expected to pass the bill with the budget reconciliation process, which would allow them to bypass the filibuster and clear the spending package with a simple majority vote.

Changes are expected as the bill will be reviewed and amended by committees, particularly the Finance Committee, and then brought to the floor for debate — though modifications are expected to focus on Medicaid reductions and debate over state and local tax deductions.

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Congress

Gerry Connolly dies at 75 after battle with esophageal cancer

Va. congressman fought for LGBTQ rights

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U.S. Rep. Gerry Connolly (D-Va.) speaks at a Barack Obama rally on Oct. 19, 2012. (Washington Blade photo by Michael Key)

Democratic U.S. Rep. Gerry Connolly of Virginia died on Wednesday, according to a statement from his family.

The 75-year-old lawmaker, who served in Congress since 2009, announced last month that he will not seek reelection and would step down from his role as the top Democrat on the powerful U.S. House Oversight Committee because his esophageal cancer had returned.

“We were fortunate to share Gerry with Northern Virginia for nearly 40 years because that was his joy, his purpose, and his passion,” his family said in their statement. “His absence will leave a hole in our hearts, but we are proud that his life’s work will endure for future generations.”

“He looked out for the disadvantaged and voiceless. He always stood up for what is right and just,” they said.

Connolly was memorialized in statements from colleagues and friends including House Democratic Leader Hakeem Jeffries (N.Y.), Republican House Speaker Mike Johnson (La.), former President Joe Biden, and U.S. Rep. Jamie Raskin (D-Md.).

Several highlighted Connolly’s fierce advocacy on behalf of federal workers, who are well represented in his northern Virginia congressional district.

The congressman also supported LGBTQ rights throughout his life and career.

When running for the Fairfax County Board of Supervisors in 1994, he fought the removal of Washington Blade newspapers from libraries. When running in 2008 for the U.S. house seat vacated by Tom Davis, a Republican, Connolly campaigned against the amendment to Virginia’s constitution banning same-sex marriage and civil unions in the state.

In Congress, he supported the repeal of “Don’t Ask, Don’t Tell,” the U.S. Supreme Court’s ruling on marriage equality, the Biden-Harris administration’s rescission of the anti-trans military ban, and the designation within the State Department of a special LGBTQ rights envoy. The congressman also was an original cosponsor of the Equality Act and co-sponsored legislation to repeal parts of the Defense of Marriage Act.


 

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Marjorie Taylor Greene’s bill to criminalize gender affirming care advances

Judiciary Committee markup slated for Wednesday morning

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) (Washington Blade photo by Michael Key)

U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.

Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.

LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”

Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.

Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”

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