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Obama admin says insurers can’t discriminate against gay unions

Prohibits discrimination even in non-marriage equality states

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Centers for Medicare & Medicaid Services, gay news, Washington Blade
Centers for Medicare & Medicaid Services, gay news, Washington Blade

The Centers for Medicare & Medicaid has issued guidance clarifying insurers can’t discriminate against same-sex couples. (Image public domain)

The Obama administration clarified on Friday that insurers are prohibited from discriminating against same-sex marriages for the purposes of non-grandfathered family coverage ā€” even if applicants are applying in non-marriage equality states.

In guidance dated March 14, the Centers for Medicare & Medicaid says existing provisions in the health care reform law prohibiting discrimination by insurers on the basis of gender ā€” which the Obama administration has interpreted to extend non-discrimination protections based on sexual orientation and gender identity ā€” also requires insurers not to refuse family coverage for married same-sex couples.

The guidance is set up as Q&A. The question is “If a health insurance issuer in the group or individual market offers coverage of an opposite-sex spouse, may the issuer refuse to offer coverage of a same-sex spouse?” The response starts off simply, “No.”

“This section prohibits an issuer from choosing to decline to offer to a plan sponsor (or individual in the individual market) the option to cover same-sex spouses under the coverage on the same terms and conditions as opposite sex-spouses,” the guidance states.

Alicia Hartinger, a CMS spokesperson, said the guidance spells out that non-discrimination is the rule for insurers ā€” both on and off the health insurance exchanges ā€” when selling policies.

ā€œCMS recognizes the importance of all Americans and their families having access to quality, affordable coverage,” Hartinger said. “Todayā€™s guidance clarifies that issuers may not choose to treat same-sex spouses differently from opposite-sex spouses. If an issuer offers opposite-sex spouse coverage, it may not choose to deny the same coverage to a same-sex spouse. We will continue to work with states and issuers to help ensure all Americans have an equal opportunity to purchase the new coverage options available to them.ā€

The guidance says insurers cannot refuse family coverage to married same-sex couples even if they live in ā€” or the insurance is sold in ā€” a non-marriage equality state that doesn’t recognize those unions.

Additionally, the guidance acknowledges insurers may not have realized this prohibition when designing their policies for the 2014 coverage year. Accordingly, while encouraging immediate compliance, CMS says insurers need not begin adhering to this policy until Jan. 1, 2015. The guidance also directs states to begin enforcing the regulations no later than Jan. 1, 2015.

The guidance doesn’t address whether it requires CMS to provide coverage to same-sex couples in domestic partnerships or civil unions. A CMS official said the guidance applies only to marriages, not these other unions.

LGBT advocates praised the new guidance as a step toward ensuring that married same-sex couples have the same access to health insurance as their opposite-sex counterparts.

Rea Carey, executive director of the National Gay & Lesbian Task Force, earlier said her group wanted the Obama administration to make the clarification and upon news of the guidance said it would help same-sex couples “hurting right now” because they were denied health insurance.

“Today’s important HHS announcement will help remove this type of discrimination by requiring the health insurance industry to treat us the same as straight married couples ā€” even if the states where we live do not recognize marriage equality,” Carey said. “While insurers are not required to be in compliance with the new rules until January 2015, we urge the industry to act now ā€” as affordable health care delayed is affordable health care denied.ā€

There have been reported incidents of married gay couples being unable to receive family coverage in the aftermath of the implementation of the Affordable Care Act. In February, a gay couple ā€” Alfred Cowger and Anthony Wesley of Gates Mills, Ohio ā€” filed a federal lawsuit charging that they were unable to obtain family coverage because their state doesn’t recognize their marriage.

In January, Blue Cross and Blue Shield canceled family insurance policies it sold to same-sex couples under the Affordable Care Act in North Carolina. Following news reports about the cancellations, the insurer changed course and agreed to offer family coverage on the health insurance exchange to same-sex couples.

Kellan Baker, director of the LGBT State Exchanges Project for the Center for American Progress, said the new guidance is important because research shows LGBT families have trouble accessing health insurance.

ā€œResearch has shown that same-sex couples, as well as transgender people and other members of the lesbian, gay, bisexual, and transgender, or LGBT, communities, frequently face obstacles to affordable, comprehensive insurance coverage,ā€ Baker said. ā€œMy colleagues and I look forward to working with HHS to ensure that this guidance is fully implemented in a timely manner and that similar action is taken to remove other barriers to coverage, such as discriminatory insurance exclusions that target transgender people.ā€

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District of Columbia

Reenactment of 1965 gay rights protest at White House set for April 17

Event to mark 60thĀ anniversary of historic picketing

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Among those expected to participate in the April 17 White House reenactment picketing is longtime D.C. LGBTQ rights advocate Paul Kuntzler, who is shown here participating in a similar reenactment event in front of the White House one year ago. (Washington Blade file photo by Michael Key)

D.C.ā€™s Rainbow History Project is inviting members of the local LGBTQ community and its supporters to participate in a reenactment of what it calls the historic 1965 first gay rights protest outside the White House.

The event is scheduled to begin at 4 p.m. Thursday, April 17 on the sidewalk in front of the White House.

In a statement, Rainbow History Project says the 1965 protest was organized by local gay rights pioneers Frank Kameny and Lilli Vincenz on behalf of the Mattachine Society of Washington, one of D.C.ā€™s first gay rights groups that Kameny co-founded in the early 1960s.

ā€œLed by Dr. Kameny and Dr. Vincenz, picketers demanded action on the Mattachine Societyā€™s four major issues: the exclusion of homosexuals from Federal employment; the punitive policies of the U.S. Military; blanket denial of security clearances to gay people; and government refusal to meet with the LGBTQ community,ā€ the statement says.  

The statement referred to the titles of Kameny and Vincenz in connection with their academic doctorate degrees  

ā€œAlthough Dr. Kameny died in 2011, and Dr. Vincenz in 2023, Rainbow History Project and its all-volunteer corps will picket in their honor and demonstrate there is a new generation of young activists ready to take up their signs and their fight for equal rights for all LGBTQ people,ā€ the statement says.

Among those expected to participate in the April 17 White House reenactment picketing is longtime D.C. LGBTQ rights advocate Paul Kuntzler, who is the last known survivor of the 1965 White House gay rights protest. Kuntzler was expected to carry a picket sign similar to the one he carried in 1965.

In its research on the 1965 gay White House protest, Rainbow History Project learned of a letter that Kameny sent to then President Lyndon B. Johnson outlining the demands of the White House protesters.

ā€œWe ask, Mr. President, for what all American citizens ā€“ singly and collectively ā€“ have the right to ask,ā€ the Kameny letter states. ā€œThat our problems be given fair, unbiased considerationā€¦consideration in which we, ourselves, are allowed to participate actively and are invited to do so.ā€

The RHP statement says the group ā€œwill carry replicas of the original protest signs and hand out literature explaining the picket to passersby and tourists.ā€ Ā Ā 

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Myanmar

LGBTQ advocacy group joins Myanmar earthquake relief effort

March 28 quake killed thousands, devastated countryā€™s second-largest city

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(Screen capture via CNBC-TV18 YouTube)

A powerful earthquake that rocked Myanmar on March 28 unleashed devastation across the central part of the country.

The U.S. Geological Survey measured the quake at 7.7, and pinpointing its epicenter roughly 10 miles west of Mandalay, the countryā€™s second-largest city. A 6.4-magnitude aftershock jolted the area 12 minutes later, compounding the destruction and deepening the crisis for a nation already strained by conflict.

The earthquake struck with terrifying intensity near its epicenter, wreaking havoc on Mandalay and the nearby city of Sagaing. 

Mandalay, a bustling city of approximately 1.5 million residents, bore the brunt of the destruction. Among the most striking losses was the 12-story Sky Villa Condominium, which collapsed, leaving scores trapped beneath the wreckage. Rescue workers scrambled to pull survivors from the rubble, but the rising death toll underscored the tragedyā€™s magnitude.

In Sagaing, which is located closer to the epicenter, more than 70 percent of buildings sustained damage. The Ava Bridge, an essential artery spanning the Irrawaddy River, collapsed, cutting off a critical connection to Mandalay. The earthquakeā€™s shallow depth of less than seven miles amplified its power, reducing homes, temples, and schools to rubble.

The earthquakeā€™s death toll continues to climb, with at least 3,649 confirmed dead, more than 5,000 injured, and approximately 145 people missing. Amid the widespread devastation, questions loom about the impact on vulnerable populations. The Washington Blade reached out to Colors Rainbow, an organization advocating for LGBTQ rights in Myanmar, to understand how the crisis has affected one of the nationā€™s most marginalized communities.

Colors Rainbow Executive Director Hla Myat Tun spoke about how his organization is working to address the crisis faced by Myanmarā€™s LGBTQ community in the aftermath of the earthquake. 

Colors Rainbow has implemented a system of multipurpose cash transfers, directing funds to local LGBTQ partner organizations. These grassroots partners, in turn, provide essential support to affected individuals that includes emergency cash assistance, food, non-food items, clean water, and basic emotional support tailored to the immediate needs of their communities.

ā€œWe estimate that around 500ā€“800 LGBTQ individuals have been impacted in the affected areas, particularly in Mandalay Region, Sagaing Region, and southern Shan state,ā€ said Hla Myat Tun. ā€œSo far, we have been able to directly assist around 80ā€“100 LGBTQ individuals.ā€

Hla Myat Tun told the Blade that Colors Rainbow is actively gathering data to assess the specific challenges that LGBTQ people are facing in the aftermath of the earthquake.

Preliminary observations, he noted, point to heightened vulnerability among LGBTQ people, driven by social exclusion and limited access to mainstream humanitarian aid. Hla Myat Tun, however, emphasized more comprehensive information is necessary to fully understand the scope of their needs and vulnerabilities in this crisis.

ā€œWe are partnering with international LGBTQ and feminist organizations that focus on displaced communities,ā€ said Hla Myat Tun. ā€œThese partners provide emergency funds, and we coordinate with local LGBTQ groups to deliver aid directly to affected individuals on the ground.ā€

Addressing reports of military restrictions on humanitarian aid, Hla Myat Tun explained how Colors Rainbow is managing to reach LGBTQ people who are in conflict zones and areas the military junta controls. Hla Myat Tun highlighted the importance of the organizationā€™s trusted local LGBTQ partners, who are embedded in these regions. Their presence and established networks, he said, are vital in navigating restricted areas and ensuring that aid reaches the LGBTQ people who are most in need.

Hla Myat Tun also provided insight into how Colors Rainbow is tailoring its relief efforts to meet the LGBTQ communityā€™s specific needs. 

He said his organization is gathering information directly from LGBTQ people through close coordination with its local partners, relying on both formal and informal communication channels. Hla Myat Tun told the Blade his team conducts daily check-ins via quick telephone calls, ensuring a continuous flow of information to guide their response efforts despite limited internet access, electricity and other challenges.

ā€œOur approach is collaborative ā€” we set strategies and share responsibilities to respond flexibly and safely, based on the rapidly changing local context,ā€ he said. ā€œPersonal stories are being documented, but for security reasons, we are cautious about sharing them publicly.ā€

When asked whether staff or volunteers had harassment, discrimination, or violence while delivering aid ā€” a concern given the precarious legal and social climate for LGBTQ people in Myanmar ā€” Hla Myat Tun said there have been no reported incidents thus far. 

ā€œSo far, we havenā€™t received any reports from our staff or local partners about harassment or violence while delivering aid,ā€ he noted, emphasizing Colors Rainbow remains vigilant and has implemented robust safety protocols to protect all involved.

Colors Rainbow relies primarily on funding from international LGBTQ-focused partners. He noted, however, humanitarian funding specifically dedicated to LGBTQ communities remains vastly under-resourced, relative to the pressing needs on the ground. Hla Myat Tun said this shortfall severely limits the scale and reach of Colors Rainbowā€™s efforts.

ā€œWhile Myanmar’s legal framework remains outdated, societal attitudes ā€” especially during the civilian government ā€” have shown signs of progress,ā€ said Hla Myat Tun. ā€œWe have seen positive change thanks to the work of local LGBTQ organizations.ā€ 

ā€œIn the current crisis, many communities are working together despite legal barriers. However, in areas without LGBTQ-led organizations, inclusive humanitarian responses are still lacking,ā€ he added. ā€œThere’s an urgent need for international humanitarian actors to understand and implement LGBTQ-inclusive practices in Myanmar.ā€

When asked about long-term strategies to support the recovery and resilience of LGBTQ communities as Myanmar rebuilds, Hla Myat Tun affirmed Colors Rainbow is deeply committed to fostering resilience. The organizationā€™s initiatives include leadership development, community empowerment through training and workshops, sub-granting programs, and organizational development support. He also highlighted Colors Rainbowā€™s advocacy for LGBTQ-inclusive policies and collaboration with ethnic groups to promote an inclusive federal democracy, and specifically thanked Outright International, a global LGBTQ and intersex rights group, for ā€œamplifying our work.

ā€œThis kind of international attention shines a spotlight on the challenges LGBTQ communities in Myanmar are facing and helps open doors for more support,ā€ Hla Myat Tun told the Blade. ā€œIt also boosts visibility and solidarity, both locally and globally, which we deeply appreciate.ā€

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Hungary

Hungarian MPs amend constitution to ban public LGBTQ events

Viktor OrbĆ”n’s government spearheaded amendment

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The Hungarian parliament in Budapest, Hungary, on April 4, 2024. (Washington Blade photo by Michael K. Lavers)

Hungarian MPs on Monday voted to amend their country’s constitution to ban public LGBTQ events.

The vote took place less than a month after lawmakers banned Pride events and gave authorities the green light to use facial recognition technology to identify those who participate in them.

The Associated Press notes MPs approved the constitutional amendment ā€” which Prime Minister Viktor OrbĆ”n’s Fidesz-KDNP coalition government proposed ā€” by a 140-21 vote margin. Authorities before the vote removed a group of protesters who tried to block the entrance to a parliament parking garage.

OrbĆ”n’s government over the last decade has moved to curtail LGBTQ and intersex rights in Hungary.

A law that bans legal recognition of transgender and intersex people took effect in 2020. Hungarian MPs that year also effectively banned same-sex couples from adopting children and defined marriage in the constitution as between a man and a woman.

An anti-LGBTQ propaganda law took effect in 2021. The European Commission sued Hungary, which is a member of the European Union, over it.

MPs in 2023 approved the ā€œsnitch on your gay neighborā€ bill that would have allowed Hungarians to anonymously report same-sex couples who are raising children. The Budapest Metropolitan Government Office in 2023 fined Lira Konyv, the countryā€™s second-largest bookstore chain, 12 million forints ($33,115.76), for selling copies of British author Alice Osemanā€™s ā€œHeartstopper.ā€

Former U.S. Ambassador to Hungary David Pressman, who is gay, participated in the Budapest Pride march in 2024 and 2023. Pressman was also a vocal critic of Hungaryā€™s anti-LGBTQ crackdown.

The Washington Blade has reached out to Budapest Pride for comment on the constitutional amendment.

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