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OPM lays out post-DOMA plan for fed’l employee benefits

Health, pension, dental and life insurance benefits available immediately

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U.S. Office of Personnel Management has instituted new guidance for married gay federal employees in the wake of DOMA (photo public domain)

U.S. Office of Personnel Management has instituted new guidance for married gay federal employees in the wake of the DOMA court ruling. (photo public domain)

Gay federal employees in legal same-sex marriages will be eligible immediately for health and pension benefits in the aftermath of the Supreme Court ruling against Section 3 of the Defense of Marriage Act, according to a new memo from the U.S. Office of Personnel Management.

The memorandum, dated June 28 and signed by OPM acting director Elaine Kaplan, identifies five new areas of benefits that will be available after the court decision for the legal spouses as well as newly qualified children and stepchildren of gay federal employees.

“There are numerous benefits that are affected by the Supreme Court’s decision, and it is impossible to answer every question that you might have,” Kaplan, a lesbian, writes. “Nevertheless, I want to assure you that the U.S. Office of Personnel Management is committed to working with the Department of Justice to ensure swift and seamless implementation of the court’s ruling.”

The five new benefits identified in the memo are:

ā€¢ health insurance through the Federal Health Employees Benefits (FEHB) plan;

ā€¢ life insurance through the Federal Employees’ Group Life Insurance (FEGLI) program;

ā€¢ dental and vision insurance through the Federal Employee Dental and Vision Insurance Program (FEDVIP);

ā€¢ long-term care insurance under the Federal Long Term Care Insurance Program (FLTCIP);

ā€¢ retirement benefits;

ā€¢ and the ability to submit claims for medical expenses through flexible spending accounts.

For each of the four insurance benefits in the memo, gay federal employees must elect to make a change within the window of 60 days between June 26, 2013 and August 26, 2013 to enroll. With respect to health, dental and vision insurance, the next opportunity would be at the start of open season later this year.

For employees who already have health coverage under a FEHB plan, coverage will begin immediately. For those who don’t, benefits will be effective on the first day of the first pay period after the enrollment request is received.

To be eligible for retirement benefits for their same-sex spouses, gay federal employees have two years until after the Supreme Court decision, or June 26, 2015, to inform OPM they have a legal marriage that qualifies for recognition and elect and changes to benefits.

The OPM memo is the first of many pieces of guidance expected from federal agencies in the wake of the Supreme Court’s decision to strike down the Defense of Marriage Act. After the court ruling, President Obama said he instructed U.S. Attorney Eric Holder to work with other Cabinet members to implement the end to the Defense of Marriage Act.

In a statement, Obama called the OPM guidance “a critical first step” toward implementing the Supreme Court ruling that determined “all married couples should be treated equally under federal law.”

“Thousands of gays and lesbians serve our country every day in the federal government,” Obama said. “They, and their spouses and children, deserve the same respect and protection as every other family.”

In another statement, Holder said the Obama administration by offering these benefits “is making real the promise of this important decision” against DOMA, but there’s more to come.

“As the President directed, the Department of Justice will continue to coordinate with other federal agencies to implement this ruling as swiftly and smoothly as possible,” Holder said. “I look forward to sharing additional information as it becomes available. We will never stop fighting to ensure equality, opportunity, and ā€“ above all ā€“ justice for everyone in this country.ā€

Leonard Hirsch, a board member for the LGBT federal employee affinity group known as Federal GLOBE, called the guidance “an extraordinary result” for everyone’s who been working on the issue for decades.

“It opens up the key benefits that key benefits for federal employees that have been closed ā€” health insurance, life insurance ā€” to the same-sex spouses of federal employees and retirees,” Hirsch said.

Hirsch also emphasized the word must to get out to federal retirees that their same-sex spouses are eligible for federal benefits in the wake of the ruling against DOMA.

“This was included, so this is a wonderful, inclusive set of changes that OPM has been preparing for and announced today,” Hirsch said.

Thomas Richards, an OPM spokesperson, confirmed that the guidance applies to all employees in legal same-sex marriages ā€” even those that live in states that don’t recognize marriage equality.

“These benefits will be available to any federal employee or annuitant who has a valid marriage license, regardless of their state of residency,” Richards said.

But the guidance doesn’t cover federal employees in same-sex relationships who aren’t married, such as those in domestic partnerships or civil unions. In July, gay Rep. Mark Pocan (D-Wis.) is expected to introduce the legislation known as the Domestic Partnership Benefits & Obligations Act to address this issue.

Richards noted the limitations of the new guidance is restricted to legally married federal employees, but recalled a 2009 memorandum from President Obama that offered limited benefits to employees in civil unions or domestic partnerships

“Acting Director Kaplanā€™s memo identifies certain benefits previously available only to opposite-sex spouses that are now available to all legally married spouses, including same-sex spouses,” Richards said. “OPM has already extended benefits to same-sex domestic partners to the extent permissible under the law.”

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Congress

House Republicans advance two anti-trans education bills

Congresswoman Jahana Hayes, LGBTQ groups slammed the effort

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U.S. Rep. Tim Walberg (R-Mich.) chair of the House Education and Workforce Committee (Photo public domain)

Republicans members of the House Education and Workforce Committee advanced two anti-transgender bills on Wednesday, one that would forcibly out students in public elementary and middle schools to their parents and a second covering grades K-12 that critics have dubbed a “don’t say trans” bill.

More specifically, under the PROTECT Kids Act, changes to “a minorā€™s gender markers, pronouns, or preferred name on any school form or sex-based accommodations, including locker rooms or bathrooms” could not be made without parental consent, while the Say No to Indoctrination Act would prohibit schools from teaching or advancing “gender ideology” as defined by President Donald Trump’s anti-trans Jan. 20 executive order, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.

U.S. Rep. Jahana Hayes (D-Conn.), who was named national teacher of the year before her election to Congress, rose to speak out against the bills during the committee’s convening on Wednesday.

“Curriculum does not include teaching students to be something else. Curriculum does not include indoctrinating students to identify as gay or LGBTQ or other or anything. But federal law mandates that all students have civil rights protections,” she said.

The congresswoman continued, “I don’t really understand what the members of this committee think happens in schools, but my question is, what do we do with these children? The children who you are saying, on this committee, don’t exist, the children who are struggling with their identity and often times confide in their teachers and ask for support and help.”

“What we’re doing in this committee is focusing on a small population of students who are at a point in their life where they are struggling and school may, for many of them, feel like the only safe place or the only place where they can get support, or the only place where they can speak to a counselor,” Hayes said.

“And as a teacher, I don’t care if it was just one student that I had to reassure that they were important and they were valued and they belonged here,” she said. “I’m going to do it, and anyone who has dedicated their life to this profession will do the same. So the idea that you all feel okay with arbitrarily erasing, disappearing people, making them think that they they don’t exist, or they don’t have a place in schools, or the curriculum should not include them, or whatever they’re feeling should not be valued, considered, Incorporated, is just wrong.”

“So I will not be supporting this piece of legislation, as if that was not already evident, and I will be using all of my time, my agency, my energy, my advocacy, to ensure that every student,” Hayes said, “feels valued, respected, important and included in the work that I engage in on this committee.”

The congresswoman concluded, “when you are in a classroom and you are a teacher, and that door closes and a student falls in your arms and says to you, I am struggling, and I can’t go home with this information, and I need Help, you have a moral responsibility to help that child or you are in the wrong profession. I yield back.”

The Congressional Equality Caucus slammed the bills in an emailed statement from the chair, U.S. Rep. Mark Takano (D-Calif.), who noted that the legislation comes as “Donald Trump is illegally trying to dismantle the Department of Education and pass tax cuts for billionaires.”

“Extreme Republicans in Congress are trying to distract Americans by advancing cruel, anti-trans legislation,ā€ said the congressman, who is gay. ā€œSchool districts, teachers, and staff best understand how to draft age-appropriate, inclusive curriculums and craft policies that both respect the important role parents play in childrenā€™s education and the importance of studentsā€™ safety.”

“Yet, Republicansā€™ Donā€™t Say Trans Act would cut critical funding for schools if their teachers teach lessons or include materials that simply acknowledge the reality of trans peoplesā€™ existence,” Takano added. “Republicansā€™ forced outing bill would put kids in danger by requiring schools that want to take certain steps to affirm a transgender studentā€™s identity to forcibly out them to their parents ā€” even if the school knows this will put the studentā€™s safety at risk.”

The caucus also slammed the bills in a series of posts on X.

The Human Rights Campaign also issued a statement on Wednesday by the organization’s communications director, Laurel Powell:

ā€œInstead of putting our dangerous President in check and tackling the American economyā€™s free fall, House Republicans showed where their priorities lie ā€” giving airtime to junk science and trying to pass more anti-LGBTQ+ legislation.

“Forcing teachers to ā€˜outā€™ trans youth rather than supporting them in coming out to their families and demanding that schools ignore the trans students who sit in their classrooms is a craven attempt to distract people from economic disaster by vilifying children.

“Even as they fire people whose jobs were to make sure schools have the resources they need, the Trump administration and their allies in Congress continue to attack vulnerable young people to score points with the far right.ā€

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Politics

Trump’s battle with Maine over trans policies escalates

State has filed a lawsuit, federal government has cut funding and launched investigations

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President Donald Trump (Washington Balde photo by Michael Key)

A months-long standoff between between President Donald Trump and Maine Gov. Janet Mills (D) continued to escalate this week with a lawsuit targeting the administration on Monday and cuts to federal grants to the state on Tuesday.

The conflict kicked off on Feb. 21 at the White House, where the president threatened Mills with retaliation after she declined to say that her state would not comply with his executive order barring transgender athletes from competing in school sports. The governor and other officials have said the policy is in conflict with provisions of the Maine Human Rights Act, while the president argued his executive action supersedes state law.

While the heated exchange between the two concluded with each party vowing to see the other in court, developments in the time since suggest that Trump and Mills are likely to square off over legal questions far broader than whether the White House can prohibit trans girls in a blue state from joining the field hockey team.

In a complaint filed on Monday, Maine Attorney General Aaron Frey argued U.S. Department of Agriculture Secretary Brooke Rollins had unlawfully frozen funding for “certain administrative and technological functions” in schools in his state after concluding, in the absence of a formal investigation, that some of their programs violated Title IX rules. A letter last week from Rollins notifying Mills of the USDA’s decision warned that it was “only the beginning.”

Then on Tuesday, the Maine Department of Corrections said the Justice Department had cancelled several grants, which according to the Maine Morning Star would have supported “drug treatment for adults in reentry, programs that foster engagement between incarcerated parents and their children, and resources for corrections agencies to improve post-release supervision in order to prevent recidivism and reduce crime.” U.S. Attorney General Pam Bondi said during an interview that the move came in response to the state’s incarceration of a transwoman in a women’s prison.

One of Trump’s day-one executive actions targeting trans rights included a provision directing the AG and the Homeland Security secretary to ensure that women’s prisons and detention centers do not detain or house “males” or trans women, though here and elsewhere the administration deliberately does not make the distinction ā€” and in Section 2 of the order, establishes that the policy of the federal government will be to treat gender as a binary that is fixed at birth, a narrow definition that denies the biological reality that people can be intersex (meaning their sex characteristics cannot be clearly distinguished as male or female) while others, like trans individuals, may experience incongruity between their gender and birth sex.

Leading up to this week, other major developments following the Feb. 21 White House confrontation between Trump and Maine’s Democratic governor include:

  • A probe in late March by the U.S. Department of Education into whether policies in Maine schools that protect the privacy of students by prohibiting disclosures to parents about the sexual orientation or gender identity of their kids may violate federal law,
  • Trump’s demand for an apology from Mills on her refusal to do so, both in late March,
  • DOE’s determination in late March that schools in the state were violating Title IX by allowing trans women and girls to compete in sports, which came after the Trump administration reversed that portion of the Title IX guidance issued under former President Joe Biden,
  • An announcement in mid-March by the the U.S. Department of Health and Human Services Office for Civil Rights that the Maine Principalsā€™ Association and Greely High School violated Title IX by allowing trans athletes to compete in sports,
  • The USDA’s decision in early March to hold up funding for universities in the University of Maine system pending the conclusion of the agency’s probe into possible violations of Title IX and Title VI, which was subsequently reinstated after a couple of weeks,
  • The National Oceanic and Atmospheric Administration’s withdrawal of funding in early March for the University of Maine’s Maine Sea Grant program, which was followed less than a week later with the U.S. Department of Commerce ‘s announcement that it would be renegotiated, and
  • HHS’s determination in late February that the Maine Department of Education violated Title IX, a conclusion reached just four days after an investigation was opened and without any interviews, data requests or negotiations.
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Congress

Chris Pappas launches Senate bid in N.H.

Video references ‘political extremists who want to take rights away’

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U.S. Rep. Chris Pappas (D-N.H.) (Washington Blade photo by Michael Key)

Gay U.S. Rep. Chris Pappas (D-N.H.) launched his bid for the seat held by retiring U.S. Sen. Jeanne Shaheen (D-N.H.) with a video posted to X Thursday morning and kickoff event planned for the evening in his hometown of Manchester, N.H.

ā€œIā€™m running for Senate because our economy, our democracy, and our way of life are on the line, and New Hampshire deserves a senator who is grounded in the people, places, and values of this state,ā€Ā he said in a press release.Ā ā€œGranite Staters know my record of taking on the big fights and looking out for them ā€” pushing tax cuts for working families and small businesses, taking on predatory companies and corporate polluters, and standing up to Big Pharma to lower drug costs.”

Pappas’s statement continued, “Like Sen. Shaheen, Iā€™ll always put New Hampshire first. You can count on me to lead the charge to confront this administration, self-dealing billionaires, and extreme politicians who threaten our future and our ability to get things done for New Hampshire.ā€

In his video, the fourth-term congressman pledged to rein in the power of big corporations, and he addressed “veterans, parents, small business owners,” and the “people who have done everything right” but are “asking ‘why does it feel like the system is rigged?'”

Referencing concerns with the Republican administration and GOP majorities in Congress, he said, “You think about the social security office that’s gonna be closed in Littleton, drastic cuts to Medicaid, all in the name of giving big tax breaks to billionaires like Elon Musk.”

Pappas also seemed to allude to anti-LGBTQ moves by the White House and congressional Republicans, promising to stand up to “political extremists who want to take rights away.” The ad wrapped with a shot of the congressman with his husband Vann Bentley. “We will get our country back on track. Stronger, fairer, freer, working for everyone.”

Freshman U.S. Rep. Maggie Goodlander (D-N.H.) is also considering a run for Shaheen’s seat while former U.S. Sen. Scott Brown (R-Mass.) and former New Hampshire Gov. Chris Sununu are mulling campaigns.

Pappas was endorsed by the LGBTQ Victory Fund, whose newly seated CEO Evan Low released a statement:

ā€œRep. Chris Pappas has a long and storied history of serving New Hampshire, and LGBTQ+ Victory Fund has been right by his side since he ran for state office 23 years ago. He has a track record of taking on big fights for his constituents and has proven that he can win tough races, outperform expectations, and flip key Granite State seats. Whether its strengthening the economy, protecting bodily autonomy or taking on price gougers, Chris will continue to be an important voice that looks out for the people of New Hampshire.

ā€œWe need Chrisā€™s pro-equality voice in the Senate, where right now we only have one LGBTQ+ member. He will be a strong fighter against anti-equality forces in the current administration and extreme politicians looking to erase our rights and existence.

ā€œHis presence in the Senate will be critical to retake the majority and ensure that Granite State voters wonā€™t get a raw deal. Chris deeply understands New Hampshire, and his record shows that he is laser-focused on getting things done. We are thrilled to endorse Chris Pappas for a history-making place as the first out LGBTQ+ man to serve in the Senate.ā€

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