After Studds died, Defense of Marriage Act blocked spouse from pension
Do you remember the 1996 federal Defense of Marriage Act that was signed into law on Sept. 21, 1996, by Bill Clinton? This is the break down of the Senate vote…Well that law just came into play with regards to the federal pension of Rep. Gerry Studds. Mr. Studds married Dean Hara in Massachusetts, but Hara is not eligible for the money.
When same-sex marriage became legal in Massachusetts, among those who tied the knot were former Rep. Gerry Studds and Dean Hara.
But getting married didn’t protect them under federal law: Hara has learned he is not eligible for any portion of Studds’ estimated annual $114,337 pension following his partner’s death last week.
The 1996 federal Defense of Marriage Act blocks the federal government from recognizing the 2004 marriage between Studds and Hara or other same-sex couples.
Gary Buseck, legal director for Gay & Lesbian Advocates & Defenders, said the death of Studds may illuminate an inequity Congress enacted in “an era of fear and trepidation of gay marriage” when it appeared Hawaii might allow same-sex marriage.
“This is maybe a moment of education for Congress,” he said. “Now they have a death in the congressional family of one of their distinguished members whose spouse is being treated differently than any of their spouses.”
Brian’s take: “Yeah, a “moment of education”. In other words, Congress will pass something favorable to the gay marriage crowd simply because this time it’s one of their own? Puh-lease.”
Personally I don’t think that this will get much traction. The far left fringe has all but assured no sympathy for gay marriage.
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October 18, 2006 - 11:18 PM on October 18th, 2006
I personally don’t see why a Congressman censured for having sex with a minor should’ve been receiving a pension in the first place. He should’ve been kicked out of Congress and lost all of his benefits in the process. Of course as a Democrat, he got a standing ovation for his extracurricular activities.