News
Udall seeks action on benefits for gay veterans
Asks Obama to stop enforcing place of residence statute for married couples


Sen. Mark Udall (D-Colo.) is calling on the Obama administration to stop enforcing portions of Title 38. (Photo public domain)
Months after the Obama administration announced it would no longer enforce a portion of U.S. code barring married gay veterans from receiving certain spousal benefits, one Colorado Democrat is calling for further action to ensure former troops receive these benefits no matter where they live.
In a letter dated Nov. 11, Sen. Mark Udall (D-Colo.) calls on President Obama to cease enforcement ofĀ Section 103(c) of Title 38 of the U.S. Code, which looks to the state of residency, not the state of celebration, in determining whether a veteran is married.
“You have been a tremendous leader in working to end discrimination against the LGBT community during your presidency, and I know you would agree that there is no military interest or other governmental purpose met in continuing to apply the law in a way that disadvantages same sex couples,” Udall writes. “In this spirit, I ask that this discriminatory action cease while efforts to change the statute proceed through Congress.”
In the wake of the U.S. Supreme Court decision against the Defense of Marriage Act,Ā U.S. Attorney General had announced in September the administration wouldn’t enforce the portions of Title 38 that define marriage for veterans in opposite-sex terms. But other portions of the law remain under enforcement.
As noted in the Udall letter, Section 103(c) of Title 38 of the U.S. code prohibits the recognition of a veteran’s same-sex marriage if the couple apply for benefits in a state that doesn’t recognize their marriage.
āIn determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued,” the law states.
According to an accompanying statement from Udall’s office, this section of the law has caused continued issues. Two Colorado residents, one of whom served in the Air Force for 10 years and was deployed four times, were denied federal VA benefits because Colorado doesn’t recognize their marriage. The couple lives in Colorado, but married in another state earlier this year.
Udall writes that Obama should apply the same standard to the section of Title 38 prohibiting recognition of gay veterans’ marriage in non-marriage equality states as he did for other sections of the law.
“Addressing this particular section of the law in Title 38 and ensuring that other veterans around the country do not suffer the same injustice my constituents have endured is important, is just and is urgent,” Udall said. “Therefore I ask you to work with the Attorney General and the VA to take immediate action.”
Some of the spousal benefits allocated under Title 38 are disability benefits, survivor benefits and joint burial at a veteranās cemetery.
Veterans’ benefits are but one portion of U.S. code preventing benefits from flowing to married same-sex couples in non-marriage equality states even after the court decision against DOMA. The Social Security Administration has yet to announce whether it will award spousal benefits to married gay couples living in states that don’t recognize their unions because of a similar statute under Social Security law.
The White House deferred to the Department of Veterans Affairs for comment, which said the situation is currently under review.
āVAĀ is working closely with the Department of Justice to develop guidance to process cases involving same-sex spousal benefits, and to implement necessary changes swiftly and smoothly in order to deliver the best services to all our nationās Veterans,” said VA spokesperson Drew Brookie. “Our commitment to provide all Veterans and their families with their earned care and benefits will continue to be our focus asĀ VAĀ implements the Presidentās decision.ā
Advocates who work on issues for LGBT service members and post-DOMA implementation say they share the concerns that Udall expresses in the letter.
Stephen Peters, president of the American Military Partners Association, called for clarity from the administration.
“It was previously assumed that the announcement by the Justice Department concerning Title 38 meant that the Veterans Administration (VA) was moving toward equal recognition and support for all veterans and their families, regardless of their orientation or gender of their spouse,” Peters said.Ā “However, there is much confusion on why veterans with same-gender spouses are still being denied equal benefits. We need a clear answer from the administration.”
Fred Sainz, vice president of communications for the Human Rights Campaign, also said the Obama administration needs to articulate a clear path forward.
“We certainly need and want clarity just as soon as possible from the VA as to how they will apply the place of residence statute,” Sainz said.
Udall’s full letter follows:
President Barack Obama
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500
Dear Mr. President,
I write today about a critical issue affecting our nationās veterans and their families. As you know, earlier this year the Supreme Court struck down as unconstitutional the discriminatory Defense of Marriage Act. Since that time the Department of Justice has been working with federal departments and agencies to align their rules and restrictions to conform with the courtās finding in United States v. Windsor, No. 12-307, 133 S. Ct. 2675 (June 26, 2013).
It is in that context that I am requesting that you direct the Executive Branch to cease enforcement of Section 103(c) of Title 38 of the United States Code. Section 103(c) reads as follows:
āIn determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued.ā
In Colorado, the effect of this section of the law has been to discriminate and deny appropriate Veterans Affairs (VA) benefits to veterans and their spouses. You have been a tremendous leader in working to end discrimination against the LGBT community during your presidency, and I know you would agree that there is no military interest or other governmental purpose met in continuing to apply the law in a way that disadvantages same sex couples. In this spirit, I ask that this discriminatory action cease while efforts to change the statute proceed through Congress.
As you know, on September 4, 2013, Attorney General Holder notified Congress that, as President, you directed the Executive Branch to no longer enforce Sections 101(3) and 101(31) of Title 38 because those sections of law appear unconstitutional in light of Windsor. For the same reason, I believe it is consistent to expand the suspension of enforcement to Section 103(c).
There is a universal feeling in this country that our servicemembers, veterans and their families deserve respect and support during and after their service and the kind of discriminatory treatment this law furthers is simply unacceptable. Addressing this particular section of the law in Title 38 and ensuring that other veterans around the country do not suffer the same injustice my constituents have endured is important, is just and is urgent. Therefore I ask you to work with the Attorney General and the VA to take immediate action.
Thank you for your consideration of this request. We, as a nation, have made historic progress over the past year in furthering LGBT equality, due in large part to your leadership.
I look forward to your response and stand ready to work with you to fix this issue for all of our nationās veterans.
Argentina
LGBTQ seniors in Argentina face uncertain future
President Javier Milei’s policies have disproportionately impacted retired pensioners

Editor’s note: International News Editor Michael K. Lavers will be on assignment in Argentina and Uruguay through April 12.
Argentina has undergone significant changes in its economic and social policies since President Javier Milei’s inauguration in December 2023. These changes have had a significant impact on various sectors of society, especially retirees and the LGBTQ community.
Mercedes Caracciolo, a 79-year-old sociologist and lesbian activist, shared her experience with the Washington Blade on how the new measures have affected her quality of life.
“Since Milei’s arrival in government, which began with a brutal devaluation, I am more careful in my spending than I was before,” she said.
Although Caracciolo has additional income from rental properties, she recognizes the situation is much more critical for those who exclusively depend on a pension.
With more than 7 million people receiving pensions, many find themselves “scratching the poverty line” due to the loss of purchasing power. The libertarian government’s economic policies have drastically affected their welfare, leading to a wave of protests across the country.
The reduction of social programs and the lack of LGBTQ-specific public policies have deepened the difficulties that seniors already face. The loss of economic stability particularly affects those who have historically lived on the margins, with fewer job opportunities and limited access to a decent retirement. Many older LGBTQ people, who have spent their lives unable to form traditional families, now find themselves without a support network and with an increasingly less present State.
The advance of conservative discourses has also generated a climate of insecurity and fear.
“There is no more sense of security and stability in old age,” Graciela Balestra, a psychologist who is the president of Puerta Abierta a la Diversidad, the first home for LGBTQ seniors in Argentina, explained. “Many LGBTQ+ retirees fear that there are fewer and fewer rights. They see what is happening in Argentina and globally with the advance of the right wing, and they feel that what they worked so hard to achieve is in jeopardy.”
In addition to economic difficulties, the LGBTQ community has faced additional challenges.
Caracciolo noted many supportive spaces have had their government subsidies reduced or eliminated, weakening community networks essential to the well-being of LGBTQ seniors.
“Community networks are also weakened because many of them require state support for certain types of expenses,” she noted.
Balestra warned about the psychological impact.
“Obviously it impacted mental health. There is much more anxiety, there is fear. People who say ‘I’m afraid they’ll kill me’ or ‘I’m afraid to show myself,'” she said. “Before, they used to walk down the street holding hands with their partner, and now they don’t do it anymore. A lot of hopelessness.”
For Balestra, the concern goes beyond the LGBTQ community.
“The economic issue, the rights issue, the fear that something similar to the dictatorship will return. All of this is very scary. And besides, the hopelessness of believing that this is going to continue, that it is not going to change even in the next elections,” she said.
Civil society organizations have denounced an “adjustment” in policies related to gender and diversity that Milei’s government has undertaken. Pride marches in Argentina have become a stage for protests against the president’s policies, especially over his speeches that activists consider hateful towards the LGBTQ community.
Balestra stresses the fear is not only individual, but collective.
“Human rights no longer exist anywhere, women no longer have the place they used to have, they are once again objectified, machismo is on the rise again,” she said. “This brings a lot of despair to older people.”
Despite the climate of uncertainty, Balestra emphasizes resistence forces are still in force.
“We continue working, as always,” she said. “For 25 years at Puerta Abierta we have been doing reflection groups, cultural workshops, social meetings, all with respect to being able to make LGBT people aware of their rights. We never stop meeting, but lately we are talking more and more about these things that we had already left a little behind. The issue of coming out, fear, visibility. Now we have to talk about it again.”
Federal Government
Mass HHS layoffs include HIV/AIDS prevention, policy teams
Democratic states sue over cuts

Tuesday began a series of mass layoffs targeting staff, departments, and whole agencies within the U.S. Department of Health and Human Services under Secretary Robert F. Kennedy Jr., who reportedly plans to cut a total of 10,000 jobs.
On the chopping block, according to reports this week, is the Office of Infectious Disease and HIV/AIDS Policy. A fact sheet explaining on the restructuring says “a new Administration for a Healthy America (AHA) will consolidate the OASH, HRSA, SAMHSA, ATSDR, and NIOSH, so as to more efficiently coordinate chronic care and disease prevention programs and harmonize health resources to low-income Americans.”
The document indicates that “Divisions of AHA include Primary Care, Maternal and Child Health, Mental Health, Environmental Health, HIV/AIDS, and Workforce, with support of the U.S. Surgeon General and Policy team.”
“Today, the Trump administration eliminated the staff of several CDC HIV prevention offices, including entire offices conducting public health communication campaigns, modeling and behavioral surveillance, capacity building, and non-lab research,” said a press release Tuesday by the HIV + Hepatitis Policy Institute.
The organization also noted the “reassignments” of Jonathan Mermin, director of the National Center for HIV, Viral Hepatitis, STD, and TB Prevention, and Jeanne Marrazzo, director of the National Institutes of Health’s National Institute of Allergy and Infectious Diseases. Both were moved to the Indian Health Service.
āIn a matter of just a couple days, we are losing our nationās ability to prevent HIV,” said HIV + Hepatitis Policy Institute Executive Director Carl Schmid. “The expertise of the staff, along with their decades of leadership, has now been destroyed and cannot be replaced. We will feel the impacts of these decisions for years to come and it will certainly, sadly, translate into an increase in new HIV infections and higher medical costs.”
The group added, “We are still learning the full extent of the staff cuts and do not know how the administrationās announced reorganization of HHS will impact all HIV treatment, prevention, and research programs, including President Trumpās Ending the HIV Epidemic initiative,” but “At the moment, it seems that we are in the middle of a hurricane and just waiting for the next shoe to drop.”
A group of 500 HIV advocates announced a rally planned for Wednesday morning at 8 a.m., at the U.S. Capitol lawn across from the Cannon House Office Building, which aims to urge Congress to help stop the cuts at HHS.
“Over 500 advocates will rally on Capitol Hill and meet with members of Congress and Hill staff to advocate for maintaining a strong HIV response and detail the potential impact of cuts to and reorganization of HIV prevention and treatment programs,” the groups wrote.
The press release continued, “HHS has stated that it is seeking to cut 10,000 employees, among them 2,400 CDC employees, many doing critical HIV work. It also seeks to merge HIV treatment programming into a new agency raising concerns about maintaining resources for and achieving the outstanding outcomes of the Ryan White HIV/AIDS Program.”
On Tuesday a group of Democratic governors and attorneys general from 23 states and D.C. filed a lawsuit against HHS and Kennedy seeking a temporary restraining order and injunctive relief to halt the funding cuts.
U.S. Centers for Disease Control and Prevention withdrew approximately $11.4 billion in funding for state and community health departments during the COVID-19 pandemic response, along with $1 billion to the Substance Abuse and Mental Health Services Administration.
āSlashing this funding now will reverse our progress on the opioid crisis, throw our mental health systems into chaos, and leave hospitals struggling to care for patients,ā New York Attorney General Letitia James said.
District of Columbia
D.C.-area schools to protest Trumpās āassault on public educationā
Students unite against Trumpās education cuts in unprecedented protest

Student government leaders from multiple D.C.-area schools are coming together to protest recent Trump administration actions aimed at restricting student rights in America.
On Friday, April 4, at 4 p.m., the student governments of Georgetown, George Washington, Howard, American, George Mason, and Temple plan to protest the Trump-Vance administrationās efforts to dismantle public education at the Department of Education building (400 Maryland Ave., S.W.), just south of the National Mall. This āunprecedented coalitionā of higher education student governments in the D.C.-Maryland-Virginia region, representing 130,000 students, will gather to tell the administration to keep its āHands Off Our Schools.ā
In a statement emailed to the Washington Blade, Asher Maxwell, press coordinator for the Georgetown University Student Association, called this a āhistoric coalitionā and said the protest will highlight how Trumpās policiesādismantling the Department of Education, eradicating DEI initiatives, eliminating funding for academic programs and financial aid, and silencing student voicesāare affecting students.
Former middle school principal and U.S. Rep. Jamaal Bowman of New York, along with campus free speech advocate Mary Beth Tinker, known for her role in Tinker v. Des Moines, are slated to speak at the rally about the importance of public education and free speech amid what they call the administrationās disregard for the rule of law and constitutionally protected acts such as protesting and speaking out against the government.
The rally is expected to draw thousands of students, from college to kindergarten, as well as First Amendment supporters and those angered by the administration’s efforts to minimize the federal government. Since taking office, Trump has laid off tens of thousands of federal employees, including many within the Department of Education, as he and his senior adviser, Elon Musk, strip away protections and federal spending that disproportionately affect LGBTQ people, people of color, and students.
The Washington Blade reached out to the White House for comment but has not received a response.
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