Connect with us

News

Social Security to process survivor benefits for gay couples

Claims from couples in non-marriage equality states will be placed on hold

Published

on

Proposition 8, Prop 8, DOMA, Defense of Marriage Act, Supreme Court, gay rights, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

Married gay couples are now receiving Social Security benefits in the aftermath of the court decision against DOMA (Washington Blade photo by Michael Key).

The Obama administration on Monday announced the latest new policy in the aftermath of the Supreme CourtĀ ruling against Defense of Marriage Act: the Social Security Administration will now begin processing survivor’s benefits for certain married same-sex couples.

Carolyn Colvin, acting commissioner of Social Security, said in a statement that benefits will begin to flow to the surviving spouses of same-sex marriages ā€” at least in some cases ā€” in the same way they flow to survivors of opposite-sex marriages.

“I am pleased to announce that, effective today, Social Security is processing some widowā€™s and widowerā€™s claims by surviving members of same-sex marriages and paying benefits where they are due,” Colvin said.Ā “In addition, we are able to pay some one-time lump sum death benefit claims to surviving same-sex spouses.”

In August, the Social Security Administration announced similar policy on new benefits for same-sex couples in the aftermath of the court ruling on DOMA. But the announcement months ago pertained to retirement benefits, unlike the announcement Monday regarding survivor benefits.

But there’s a caveat to the new policy for a survivor of a same-sex marriage if both individuals in the relationship moved to a non-marriage equality state. Claims for survivor benefits or the one-time lump sum death benefitĀ from in this situation will be placed on hold, according to Program Operations Manual SystemĀ document accompanying the announcement. Social Security law looks to the state of residence, not the state of celebration, in determining whether a same-sex couple is married.

However, according to the guidance, a person in a same-sex marriage living in a non-marriage equality state is eligible for theĀ one-time lump sum death benefit if the other person in the relationship died while living in another state that recognizes same-sex marriage.

Although the Social Security Administration is placing certain claims on hold, Colvin encourages all individuals who believe they may be eligible for Social Security “to apply now to protect against the loss of any potential benefits,” saying the agency will process these benefits upon further instructions.

The hold on survivor benefits claims from gay couples in non-marriage equality states is similar to current policy for retirement spousal benefits. Claims for retirement benefits from married gay couples in these states are still being placed on hold. The Obama administration has yet to articulate whether it’ll be able to process these claims in the aftermath of the court ruling against DOMA or if more legislative action is necessary.

Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said the announcement is welcome news, but acknowledged more action is necessary to provide appropriate benefits for same-sex couples.

ā€œThis is welcome news from the Social Security Administration but as they point out, this is not the end of the road in applying the Windsor decision to benefits owed to same-sex couples,” Cole-Schwartz said. “We look forward to continuing our work with them to ensure that as many benefits as possible are made available to couples expeditiously.ā€

In the statement,Ā Colvin said her agency will continue to work the Justice Department to resolve legal issues for married same-sex couples in the aftermath of the court ruling against DOMA.

“As I stated shortly after the Supreme Court decision on Section 3 of the Defense of Marriage Act, our goal is to treat all Americans with dignity and respect,” Colvin said. “We ask for continued patience from the public as we work closely with the Department of Justice to develop policies that are legally sound so we can process claims.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

Published

on

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 ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ 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 ā€” about which international factions are likelier to have more conservative views.

Continue Reading

Federal Government

Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

Published

on

U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday ā€” all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

ā€œThe U.S. Department of Education has no authority to let boys into girlsā€™ locker rooms,ā€Ā Tennessee Attorney General Jonathan Skrmetti said in a statement. ā€œIn the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, ā€œThese regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule ā€œprotects LGBTQ+ students from discrimination and other abuse,ā€Ā adding that it “appropriately underscores that Title IXā€™s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

Continue Reading

Rehoboth Beach

Former CAMP Rehoboth official sentenced to nine months in prison

Salvator Seeley pleaded guilty to felony theft charge for embezzlement

Published

on

Salvator Seeley (Photo courtesy CAMP Rehoboth)

Salvator ā€œSalā€ Seeley, who served as an official with the Rehoboth Beach, Del., CAMP Rehoboth LGBTQ community center for 20 years, was sentenced on April 5 by a Sussex County Superior Court judge to nine months in prison and to pay $176,000 in restitution to the organization.

The sentencing took place about five weeks after Seeley pleaded guilty to a charge of Theft in Excess of $50,000 for allegedly embezzling funds from CAMP Rehoboth, a spokesperson for the Delaware Department of Justice told the Washington Blade.

Seeley’s guilty plea came shortly after a grand jury, at the request of prosecutors, indicted him on the felony theft charge following an investigation that found he had embezzled at least $176,000 from the nonprofit LGBTQ organization.

ā€œSalvatore C. Seeley, between the 27th day of February 2019 and the 7th day of September 2021, in the County of Sussex, State of Delaware, did take property belonging to CAMP Rehoboth, Inc., consisting of United States currency and other miscellaneous property valued at more than $50,000, intending to appropriate the same,ā€ the indictment states.

ā€œThe State recommended a sentence of two years of incarceration based on the large-scale theft and the impact to the non-profit organization,ā€ Delaware Department of Justice spokesperson Caroline Harrison told the Blade in a statement.

ā€œThe defense cited Seeleyā€™s lack of a record and gambling addiction in arguing for a probationary sentence,ā€ the statement says. ā€œSeeley was sentenced in Superior Court to a nine-month prison term and to pay a total of $176,000 in restitution for the stolen funds,ā€ Harrison says in the statement.

Neither Seeley nor his attorney could immediately be reached for comment.

At the time of Seeleyā€™s indictment in February, CAMP Rehoboth released a statement saying it first discovered ā€œfinancial irregularitiesā€ within the organization on Sept. 7, 2021, ā€œand took immediate action and notified state authorities.ā€ The statement says this resulted in the investigation of Seeley by the state Department of Justice as well as an internal investigation by CAMP Rehoboth to review its ā€œfinancial control policiesā€ that led to an updating of those policies.

ā€œAs we have communicated from day one, CAMP Rehoboth has fully cooperated with law enforcement,ā€ the statement continues. ā€œAt its request, we did not speak publicly about the investigation while it was ongoing for fear it would jeopardize its integrity,ā€ according to the statement. ā€œThis was extremely difficult given our commitment to transparency with the community about day-to-day operations during the recent leadership transition.ā€

The statement was referring to Kim Leisey, who began her job as CAMP Rehobothā€™s new executive director in July of 2023, while the Seeley investigation had yet to be completed, following the organizationā€™s process of searching for a new director. It says Seeley left his job as Health and Wellness Director of CAMP Rehoboth in September of 2021 after working for the organization for more than 20 years.

ā€œMr. Seeleyā€™s actions are a deep betrayal to not only CAMP Rehoboth but also the entire community we serve,ā€ the statement says.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular