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Social Security to process survivor benefits for gay couples

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

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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 Court 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 — at least in some cases — 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 widow’s and widower’s claims by surviving members of same-sex marriages and paying benefits where they are due,” Colvin said. “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 benefit from in this situation will be placed on hold, according to Program Operations Manual System 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 the 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.

“This 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.

In the statement, 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.”

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Virginia

Youngkin calls on gay Va. GOP LG candidate to exit race over alleged ‘porn’ scandal

John Reid denounces ‘fabricated internet lie’ as anti-gay smear campaign

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John Reid (Photo courtesy of John Reid)

Less than a week after John Reid, the conservative gay radio talk show host from Richmond secured the Republican nomination for the office of lieutenant governor in Virginia, sensational allegations have surfaced, which he strongly denies, that he allegedly posted pornographic photos on social media.

According to the Virginia Mercury newspaper, the allegations surfaced when Virginia Gov. Glenn Youngkin’s office released a statement saying Youngkin contacted Reid on Friday, April 25, and asked him to withdraw his candidacy over reports that a social media account with Reid’s username included “pornographic content” that was “shared” with others.

“The governor was made aware late Thursday of the disturbing online content,” the Virginia Mercury quotes a Youngkin spokesperson as saying. “Friday morning, in a call with Mr. Reid, the governor asked him to step down as the lt. governor nominee,” the spokesperson is quoted as saying.

Reid responded to the allegations in an early Friday evening video he posted on his campaign’s Facebook page, calling the allegations “a totally fabricated internet lie” motivated by anti-gay bias.

“I can tell you that’s not my account and anyone on the internet can open accounts with the same or similar names as other people,” he stated in his video. “It’s predictable,” he added.

“But what I didn’t expect was the governor I have always supported to call and demand my resignation without even showing me the supposed evidence or offering me a chance to respond,” Reid states in his video.

He said he will not drop out of the lieutenant governor’s race and called the allegations against him just the latest in what he said was an ongoing effort by some in the Republican Party, especially conservative Christians, to force him out of politics.

“Let’s be honest,” he said. “it’s because I’m openly gay. And I have never backed down to the establishment, and will not,” he continued in his video message. “What happened today is another coordinated assassination attempt against me to force the first openly gay candidate off of a Virginia statewide ticket.”

Reid added, “It’s shameful, and I won’t back down, even though I know the plan is for the attacks to continue in this overt effort to make me toxic.”

Reid secured the GOP nomination for lieutenant governor last week after his only rival in the Republican primary, Fairfax County Supervisor Pat Herrity, dropped out of the race for health reasons.

By securing the nomination Reid became the first known openly gay candidate, Republican or Democrat, to be nominated for a statewide office in Virginia.

In an interview with the Washington Blade earlier this week Reid pointed out that he came out as gay in 1996 or 1997 on National Coming Out Day in his role as TV news anchor in Richmond, where he worked for 10 years.

Following that, Reid worked as a radio talk show host for the next eight years, promoting his ideas as a gay conservative Republican, up until shortly before he announced his candidacy for lieutenant governor, he told the Blade.

Reid’s video responding to the accusations against him can be accessed here.

Reid’s campaign website and statements he has released to the media acknowledge his status as a gay candidate but point out he has a long record of support for conservative Republican positions on a wide range of issues that are against the positions of most mainline LGBTQ rights organizations.

“I’m not a diversity hire,” he stated in a press release issued at the time he announced his candidacy in January. “I’m the most conservative and proven candidate running, and I’ve boldly stood up for our beliefs in a way that should make my personal life a total nonissue,” he stated.

A statement on his campaign website states “John is uniquely positioned to take the fight to the radical progressives head on as he continues his fight against boys in girls’ sports and the extreme trans agenda being forced upon our children.”

His campaign website statement on transgender issues concludes by saying, “And we must be blatant in saying that it is factually impossible for biological men or women to personally decide to change their gender. John believes in the right for grown adults to live their lives as they see fit, but not if they impose restrictions and obligations on others and not if any of their behavior sexualizes or grooms children.

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Politics

George Santos sentenced to 87 months in prison for fraud case

Judge: ‘You got elected with your words, most of which were lies.’

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Former U.S. Rep. George Santos (Washington Blade photo by Christopher Kane)

Disgraced former Republican congressman George Santos was sentenced to 87 months in prison on Friday, after pleading guilty last year to federal charges of wire fraud and aggravated identity theft. 

“Mr. Santos, words have consequences,” said Judge Joanna Seybert of the U.S. District Court for the Eastern District of New York. “You got elected with your words, most of which were lies.”

The first openly gay GOP member of Congress, Santos became a laughing stock after revelations came to light about his extensive history of fabricating and exaggerating details about his life and career.

His colleagues voted in December 2023 to expel him from Congress. An investigation by the U.S. House Ethics Committee found that Santos had used pilfered campaign funds for cosmetic procedures, designer fashion, and OnlyFans.

Federal prosecutors, however, found evidence that “Mr. Santos stole from donors, used his campaign account for personal purchases, inflated his fund-raising numbers, lied about his wealth on congressional documents and committed unemployment fraud,” per the New York Times.

The former congressman told the paper this week that he would not ask for a pardon. Despite Santos’s loyalty to President Donald Trump, the president has made no indication that he would intervene in his legal troubles.

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Maryland

A Baltimore theater educator lost jobs at Johns Hopkins and the Kennedy Center

Tavish Forsyth concluded they could not work for Trump

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Tavish Forsyth, a queer artist and educator, posted a nude video on YouTube in protest of the Trump administration’s takeover of the Kennedy Center earlier this year. (Photo by Jessica Gallagher for the Baltimore Banner)

BY WESLEY CASE | Tavish Forsyth had come to a conclusion: They could not work for President Donald Trump.

So the 32-year-old Baltimore resident stripped down, turned on their camera, and lit their career on fire.

“F—— Donald Trump and f—— the Kennedy Center,” a naked Forsyth, an associate artistic lead at the Washington National Opera’s Opera Institute, which is run by the Kennedy Center, said in a video that went viral. The board of the nation’s leading cultural institution had elected Trump just weeks prior as its chairman after he gutted the board of members appointed by his predecessor, President Joe Biden.

The rest of this article can be read on the Baltimore Banner’s website.

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