Under Obama, Windsor Implementation Constitutes the Largest Conferral of Rights to LGBT People in History
WASHINGTON – Earlier today, the Justice Department released a report
detailing the Obama administration’s broad implementation of the
Supreme Court’s United States v. Windsor decision, which struck down
key components of the Defense of Marriage Act (DOMA) last year. Under
the leadership of President Obama and Attorney General Eric Holder,
the breadth with which this administration has implemented the Windsor
decision constitutes the single largest conferral of rights to LGBT
people in history.
“President Obama’s advocacy on behalf of LGBT people is nothing less
than historic,” said Human Rights Campaign (HRC) president Chad
Griffin. “We are incredibly grateful to both the president and
Attorney General Eric Holder for keeping their promise of fighting to
wipe out anti-LGBT discrimination at the federal level. There is no
question that the lives of LGBT people today are immeasurably better
today than they were before this president took office.
“The administration’s sweeping interpretation and implementation of
the Windsor decision has led to greatest conferral of equal rights,
benefits and obligations to LGBT people in our nation’s history. In
record time, Attorney General Holder has moved heaven and earth to
guarantee equality, and the LGBT community could not ask for a better
partner in progress.”
Today’s report also identifies that the administration is unable to
extend some Social Security and Veterans benefits to married same-sex
couples living in states that do not recognize their marriages. The
Justice Department has determined that statutory references to “state
of domicile” or similar terms require Congress to pass legislation to
amend the statues to provide for a “state of celebration” standard.
Also included in the report was an announcement that the VA Acting
Secretary will allow for same-sex couples to be buried together in a
national cemetery. Furthermore, the Social Security administration
will begin extending survivor benefits, lump sum death benefits and
aged spouse benefits to same-sex couples if one partner is eligible to
inherit from the other partner under state law. This would include
couples with civil unions or domestic partnerships from states like
Colorado, Nevada and Wisconsin.
Just prior to the release of the report, the Department of Labor
issued a notice of proposed rulemaking which will permit same-sex
couples to access leave under the Family Medical Leave Act (FMLA)
regardless of state of residence. The Office of Personnel Management
also announced its intent to extend family leave to all federal
employees who are married to a same-sex spouse.
(Courtesy of HRC)