GLT
Gay and Lesbian TimesFirst openly gay congress member’s death highlights DOMA ramifications
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BOSTON, Mass. (AP) – For the first time, the federal government is denying death benefits to the spouse of a congress member 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 on Oct. 14. He was 69. In 2004, Studds married Dean Hara, 48, after same-sex 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 spokesperson for the 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.
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