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All nat’l guards now compliant with Hagel edict on same-sex benefits

Mississippi stopped holding out on post-DOMA policy this week

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Chuck Hagel, Department of Defense, Pentagon, gay news, Washington Blade
Chuck Hagel, Department of Defense, Pentagon, gay news, Washington Blade

All state national guards a are complying with an edict from Defense Secretary Chuck Hagel to process benefits applications for troops in same-sex marriages (Washington Blade file photo by Damien Salas).

All state national guards are now compliant with an edict from Defense Secretary Chuck Hagel requiring them to processing spousal benefit applications for troops in same-sex marriages, according to the Pentagon.

In a statement provided to the Washington Blade, Hagel confirmed that all gay service members can apply for military IDs for their spouses at military installations throughout the country.

“Following consultations between the National Guard Bureau and the Adjutants General of the states, all eligible service members, dependents and retirees — including same-sex spouses — are now able to obtain ID cards in every state,” Hagel said.

A defense official, speaking on condition of anonymity, said Mississippi, the last remaining hold-out state, came on board sometime this week, although the official didn’t have an exact date for when that happened. The official said Mississippi is adopting a policy similar to Texas, Louisiana and Georgia, which are placing state workers on federal status to process same-sex benefit applications.

In the aftermath of the Supreme Court ruling against Section 3 of the Defense of Marriage Act, Hagel announced military spousal benefits — including health, pension and housing benefits — will become available to gay troops.

However, certain state national guards, such as Texas, Oklahoma and Mississippi, refused to process the spousal benefits applications from gay troops, citing state constitutional amendments banning same-sex marriage. During an Anti-Defamation League meeting in October, said each of these states must comply and he directed National Guard Bureau Chief Gen. Frank Grass to find a way to bring them on board.

One by one, the state national guards announced they would comply with the policy. Texas Military Forces, which had been the first state to announce it wouldn’t process the benefits, announced last month it would come on board. Louisiana, Georgia and Mississippi later followed suit.

“All military spouses and families sacrifice on behalf of our country,” Hagel concluded. “They deserve our respect and the benefits they are entitled to under the law. All of DoD is committed to pursuing equal opportunities for all who serve this nation, and I will continue to work to ensure our men and women in uniform as well as their families have full and equal access to the benefits they deserve.”

Fred Sainz, vice president of communications for the Human Rights Campaign, said his organization helped in the effort to encourage state national guards to process same-sex benefits by writing letters to the Pentagon as well as governors in Mississippi, Oklahoma, Louisiana, South Carolina and Texas.

“In the end, it’s Secretary of Defense Chuck Hagel who deserves credit for taking decisive action,” Sainz said. “Hagel delivered a speech in late October in which he demanded that these state national guard outposts heed federal law and Department of Defense policy or risk punitive action. That demand has now produced results all across the country.”

Ian Thompson, legislative representative of the American Civil Liberties Union, noted his organization petitioned Hagel to ensure these states comply with federal policy and called the latest news a welcome development.

“This is a welcome announcement, and one that Secretary Hagel deserves credit for making happen,” Thompson said. “The resistance on the part of some governors on extending these benefits to same-sex couples was a grossly unfair violation of federal law that  turned the promise of equal treatment for all military personnel on its head.”

Although all states are now considered compliant, Oklahoma, Florida and South Carolina are conforming to the Hagel edict by directing all spousal benefit applicants — gay and straight — away from state-run installations to federal facilities within those states to avoid conflict between state law and federal policy. These states moved all their ID card machines to federal installations, so they’re still processing benefits at full capacity.

Stephen Peters, president of the American Military Partners Association, commended Hagel for ensuring each state national guard is compliant with his edict on same-sex benefits, but said additional action is necessary.

“We applaud the administration and Secretary Hagel for seeing this issue through and ensuring all state national guards are compliant,” Peter said. “However, our military families serving in non-marriage equality states still face discouraging challenges because of the discrimination and exclusion by state governments. We look forward to the day when our military families are treated equally in all 50 states of our nation.”

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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Virginia

Hashmi speaks at Equality Virginia Lobby Day

Lt. gov. is a vocal LGBTQ ally

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Virginia Lt. Gov. Ghazala Hashmi (YouTube screenshot)

Lieutenant Gov. Ghazala Hashmi on Monday opened Equality Virginia’s annual Lobby Day in Richmond.

The Lobby Day was held at Virginia’s Capitol and was open to the public by RSVP. The annual event is one of the ways that Equality Virginia urges its supporters to get involved. It also offers informational sessions and calls to action through social media.

Hashmi, a former state senator, has been open about her support for the LGBTQ community and other marginalized groups. Her current advisor is Equality Virginia Executive Director Narissa Rahaman, and the group endorsed her for lieutenant governor. 

Hashmi historically opposes anti-transgender legislation.

She opposed a 2022 bill that sought to take away opportunities from trans athletes.

One of the focuses of this year’s Lobby Day was protecting LGBTQ students. Another was protecting trans youth’s access to gender-affirming care.

Advocates spent their day in meetings and dialogues with state legislators and lawmakers about legislative priorities and concerns. 

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