Gay Congressman’s "Husband" Denied Death Benefits

Former Rep. Gerry Studds and his partner Dean Hara were among the first gay couples to tie the knot when same-sex marriage became legal in Massachusetts. But unfortunately for Hara, getting married in the state of Massachusetts didn’t give him any legal entitlement to Studds’ government death benefits following his partner’s death last week at the age of 69. The 1996 federal Defense of Marriage Act blocks the federal government from recognizing the 2004 marriage between Studds and Hara. Studds voted against the act, but it was passed overwhelmingly on July 12, 1996, by a vote of 342 to 67.

Gary Buseck, the legal director for Gay & Lesbian Advocates & Defenders, told the AP that the death of Studds points out an inequity Congress enacted "in an era of fear and trepidation of gay marriage" when the country was watching to see if Hawaii would allow same-sex marriage. "This is maybe a moment of education for Congress," Buseck 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."

Peter Graves, a spokesman for the U.S. Office of Personnel Management, said that Studds had other options that he didn’t pursue to plan for his partner. He could have purchased an insurable interest annuity, which is allowed under both the civil service and the federal employee retirement system and is not restricted by the Defense of Marriage Act. Graves said that same-sex partners are not recognized as spouses for any marriage-related benefits, and his office does not know of another situation like this having occurred.

Studds, a Democrat, was elected in 1972 in a conservative district and became widely known for his work to protect the marine environment and the fishing industry in Massachusetts. In 1983, Studds became the first openly gay member of the U.S. House after his homosexuality was exposed during a sex scandal involving a teenage congressional page.

Sound familiar? The Studds scandal may sound like the one currently revolving around Rep. Mark Foley of Florida, but it is markedly different. In 1983, a 27-year-old man came forward and disclosed the news that he and Studds had been involved in a sexual relationship a decade earlier when he was a 17-year old congressional page. When the story became public, Studds announced that he was gay. The House censured Studds, but did not remove him from office. In fact, voters continued to re-elect him until he retired from office in 1997.

Mark Foley’s e-mails and suggestive text messages were abhorrent and irresponsible, but they were just words. Three decades ago another Congressman went even further and had a physical relationship with a minor, yet he was only censured by Congress and then voters re-elected him to office repeatedly.

The National Taxpayers Union, a nonprofit citizen watchdog group, estimated Studds’ annual pension at $114,337, adjusted for inflation. According to Pete Sepp, a spokesman for the union, that would have made Hara eligible for a lifetime annual pension of about $62,000, which would grow with inflation, if the marriage was recognized by the federal government.