Studds's spouse 1st denied U.S. death benefits because he's gay

[wicket]

Studds's spouse 1st denied U.S. death benefits because he's gay

For the first time, the federal government is denying death benefits to the spouse of a congressman because he is gay.

Former Rep. Gerry Studds, D-Mass., who became the first openly gay member of Congress when his homosexuality was exposed during a teenage page sex scandal, died early Saturday. He was 69. In 2004 Studds married Dean Hara, 48, after gay marriage was legalized in Massachusetts.

Hara, unlike the spouses of other members of Congress who have died, won't be receiving any portion of Studds' estimated annual $114,337 pension. The 1996 federal Defense of Marriage Act blocks the federal government from recognizing the 2004 marriage between Studds and Hara.

Peter Graves, a spokesman for U.S. Office of Personnel Management, which administers the congressional pension program under federal law, said same sex partners are not recognized as spouses for any marriage related benefits.

He said Studds is the first case of its kind as far as the office could determine. "Our office could not think of a similar situation having occurred," he said.

Graves said Studds had other options. He could have had an insurable interest annuity, similar to buying an insurance policy, which is allowed under both the civil service and federal employee retirement system and does not come under the restrictions of the Defense of Marriage Act. Graves said he didn't know if Studds used that option.

[MadMaddie]

1. This is why Gay Marriage or Civil Unions are important..

there is no protection for Gays in long term relationships.....Gays have to jump through hoops to try and get decent coverage...

[Erika]

2. Discrimination based on gender, pure and simple

Bill Clinton should have vetoed the Act. Under Doma, you can be legally married by the state act but discriminated by the federal act. Based 100% on your gender.

[williesgirl]

3. He should test this awful law in the courts based on gender bias. rec

[Rockholm]

4. Pathetic.

Kicked and Nominated.

[SoCalDem]

5. THIS is what their objection is really about..$$$$.

gay people are usually SINGLE people..when they die, their benefits go "poof"..back into the pool

the more money in the pool, the more money available to be "borrowed"..

[DawgHouse]

6. I think this is awful!

[mrreowwr_kittty]

7. But don't relatives sometimes challenge the estate?

I mean, even if you set up insurance and have a legal will and all that. I've heard about 3rd cousins coming out of nowhere to sue for the estate because the domestic parter doesn't have the same legal standing as a spouse. I suppose insurance doesn't fall under that but it probably isn't automatic like it is with a spouse, either.

[Divernan]

8. A pension is not part of an estate.

nor are life insurance benefits. Depending on particular state laws, spouses and various degrees of relatives can challenge wills, but wills do not control the contractual provisions which are part of pensions and insurance polices and determine who gets the $$$ from them .

[mrreowwr_kittty]

10. Thanks for the info, I wasn't sure

And that's why it's bogus that he can't get the pension. Aren't insurance premiums usually higher than pension premiums too?

[MadMaddie]

12. Yes...and if the Gay couple has not made the right legal

arrangements they could have built a life of luxury and wealth together and the blood realitive can come and take everthing away from the spouse..

[L A Woman]

9. that is fucking outrageous

I hope he fights that. Honestly, I think even in this sometimes twisted country, most Americans would be in favor of giving him the benefits.

On a side note, I was at the 1993 march on washington and he spoke. Very eloquent man. He will be missed, indeed.

[Hepburn]

11. This is total bullshit.

Studds' spouse deserves to have his pension rights enforced. You know what really bugs me on top of all of this??? Foley gets his pension and, if he is actually in rehab, his medical benefits are paying for this. But the freaking feddies cannot pay Studds' spouse. GMAFB!

[wicket]

14. Duke Cunningham gets to keep his too!

http://www.hillnews.com/thehill/export/TheHill/News/Fro...

[Hepburn]

17. Yep...

...and that pissed me off, too. If someone is convicted of criminal conduct in the course of performing any job, the pension and the rest of the benefits should be lost. And...this goes double for any job where someone is paid with money from us taxpayers.

I just don't get this at all: Here is Studds' spouse who DESERVES the money from his deceased spouse's federal employment ~~ and there sits convicted criminal Duke the Puke Cunningham who will get his pension for being the biggest thief in the history of the US Congress and doing this at the taxpayers' expense.

Talk about shit being bass-ackwards!

[wicket]

30. OT - I *love* that graphic!

[Behind the Aegis]

13. I hope people remember this during the upcoming elections.

After the 2004 elections, I was appalled at some of the grossly homophobic responses made by posters here. I was also angry that some would say the gay marriage issue was "too much, too soon." Well, folks, this is why the time is NOW for equal marriage laws, not civil partnerships, you see how well that has panned out. It is not good enough that one state has marriage laws, all of them should have them.

[WhollyHeretic]

15. I could not believe all the people here who are willing to

tell people to wait for their civil rights, "it's not a good time." People's lives are getting affected right now, but I guess they are supposed to sit quietly and accept it.

[wicket]

16. Amen to that

It really pisses me off

[LostinVA]

21. I literally almost left DU because of those threads

[proud2BlibKansan]

23. I remember them

They were awful.

[wicket]

28. I'm glad you didn't

[AllegroRondo]

18. Echoes of inter-racial marriage problems from 50+ years ago.

When many states had different laws on what races could / could not marry each other.

Death has a way of bringing relatives out of the woodwork looking for money. Back then, family members of the deceased might try to get the marriage annulled and leave the widow with nothing. Insurance companies would do the same thing, "sorry, you're marriage wasnt recognized by the state you lived in, we wont pay you anything."

[mmonk]

19. Yep.

[LostinVA]

22. Loving vs. Virginia was 1970

Not even 50+ years ago.

That's why I'm so disappointed and angry about how certain African-Americans are so violently anti gay rights. The interracial marriage laws are within our lifetime.

[lonestarnot]

20. This is just wrong. Graves is entitled to money.

[Mass]

26. Not by law - DOMA!!!

Bush could not do anything about that even if he wanted.

[wicket]

24. Kick

[Mass]

25. Thanks to all those who supported DOMA.

[Mass]

27. A whole bunch of spouses and partners of gay federal employees are denied

these benefits. Studs is far from being the only one. Good if it makes people realize that, but the governement did not do anything wrong there.

DOMA was voted by a lot of Democrats as well as republicans and signed by a Democratic president.

[me b zola]

29. This is *so* wrong

[MethuenProgressive]

31. This exposes the REAL reason they oppose gay marriage - $$$$$$$$$

They don't really give a rat's ass about this as a "moral" issue, they see it as impacting the bottom line.

[wicket]

32. Ain't that the truth!

n/t