10/17/2006
Gerry Studds' Husband Shut Out of Federal Pension Benefits
Despite the sad news of Congressman Gerry Studds' death, it was exciting to see his "husband" Dean Hara referred to in mainstream news publications across the nation. For the first time, a government official's same-sex spouse was not referred to as partner, boyfriend, longtime companion, or friend.
But the federal laws have yet to catch up with the laws of Massachusetts, and Studds' death has forced into the open the inequality gay couples face when it comes to marriage benefits. Partnered for 15 years, and married when they were able in 2004, Hara deserves the benefits offered to spouses of other deceased lawmakers, who collect more than half of the pensions earned by their spouses:
"When Studds, 69, died from a vascular illness Saturday, he was receiving an estimated annual pension of $114,337, according to the National Taxpayers Union, which studies federal pensions. Studds was first elected to Congress in 1972 and served until 1997. His district represented Cape Cod and the Islands, New Bedford and the South Shore.If Hara were a woman and married to Studds -- rather than a same-sex spouse -- he would receive $62,000 a year from Studds' pension program under the congressional retirement system, according to NTU guidelines."
The discrimination is glaring.
And the truly sick part of it is that pension benefits are still offered to congressmen convicted of felonies! Like Bob Ney, who faces up to 10 years in prison for his part in the Abramoff influence-peddling scandal. Ney will still receive $29,000 a year in federal pension for the rest of his life.
Studds' husband will receive nothing. The federal law, defined by the Defense of Marriage Act, signed by Bill Clinton in 1996, trumps all state laws regarding benefits to same-sex spouses. Said Gary Buseck, legal director of Gay & Lesbian Advocates & Defenders: "We'd been hoping at some point Congress would address the inequities" in the law. There are plenty of people being impacted. But this is the first time right in the congressional family a distinguished member is being treated differently than other members."
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Posted 8:45 AM EST by Andy Towle in Gay Marriage, Gay Rights, Gerry Studds, Massachusetts, News | Permalink
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Andy, you're letting your strong partisanship skew your perspective.
In this post you refer to former U. S. Representative Gerry Studds as a "distinguished former member" of Congress. And in many previous posts you've hung former Congressman Mark Foley out to dry. When thinking of Foley, I doubt that "distinguished" ever enters your mind.
Hey, Foley is a sleazebag for sending explicit messages to former congressional pages. But, as yet, there's no evidence that he actually had sexual contact with any teenage page, active or former. Mr. Foley resigned in disgrace and the situation has become a major political scandal.
Studds, on the other hand, actually had sex with an active congressional page. He did not resign. In fact, when censured by the House he refused to apologize for his indiscretion.
I would say neither Studds nor Foley deserves "distinguished" used to describe his tenure in Congress.
Posted by: Jack | Oct 18, 2006 2:35:13 AM
It is clear where the priorities of the Grand Old Predators lie.
Posted by: Karim | Oct 18, 2006 9:52:07 AM
This demonstrates how ludicrous it is when anyone says that the marriage issue is not worth fighting for or that they are annoyed or tired of it... this situation highlights how disgusting discrimination is.
Posted by: Phillip | Oct 18, 2006 12:23:30 PM
This is outrageous. A congressman admits to his wrongdoing and he keeps his pension (and we , the taxpayers, pay for it) while a legal widower cannot claim the benefits due to him because he married a former Congressman, not Congresswoman? Despicable.
Posted by: Karim | Oct 19, 2006 10:03:41 AM