Seattle Gay News
Issue 7, Volume 42, February 14, 2014
by Mike Andrew SGN Staff Writer Now you’re married to the man or woman you love. Congratulations! Remember all the thousand-plus federal rights and benefits we always said were denied to us because we couldn’t get married? Well, now they’re all yours. Be sure you know what they are. On February 8, U.S. Attorney General Eric Holder expanded the list even further when he told an HRC dinner that his department will recognize every Gay and Lesbian marriage in the United States, even if the happy couples reside in states where their marriages are not legal. “In every courthouse, in every proceeding, and in every place where a member of the Department of Justice stands on behalf of the United States – they will strive to ensure that same-sex marriages receive the same privileges, protections, and rights as opposite-sex marriages under federal law,” Holder announced. The Attorney General’s announcement means that Justice Department lawyers will respect spousal privilege for same-sex couples in court proceedings, and that officials will award full benefits to same-sex spouses of police officers and other public safety personnel killed in the line of duty. Federal prisoners who have a same-sex spouse will also be treated just as those with opposite-sex spouses. Even before Holder’s speech to the HRC, the Justice Department and other federal agencies were implementing policies designed to afford equal treatment to same-sex couples, in line with the U.S. Supreme Court decision in USA v. Windsor. Within hours of the Supreme Court decision, President Obama said he had “directed the Attorney General to work with other members of my Cabinet to review all relevant federal statutes to ensure this decision, including its implications for Federal benefits and obligations, is implemented swiftly and smoothly.” The Defense Department, currently the world’s largest employer, immediately equalized benefits for same-sex spouses, with Defense Secretary Chuck Hagel promising that “the Department of Defense intends to make the same benefits available to all military spouses – regardless of sexual orientation – as soon as possible.” The Department of Labor announced soon afterward that it would recognize all legal samesex marriages for the purposes of the ERISA benefits programs it administers, regardless of where the couples reside. ERISA, the Employee Retirement Income Security Act, regulates employee benefits packages for many large employers, including many health insurance and pension programs. The effect of the Labor Department’s policy is that Gay and Lesbian spouses may be eligible for medical insurance and pension benefits even if they live in states that refuse to recognize their legal marriages. If you have questions about employer-provided benefits, first determine if your benefits package is administered under ERISA. If it is, the Labor Department can answer your questions. If it’s not, the state insurance commissioner might be able to help you. Wedding photos by Nate Gowdy
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