New York Governor Kathy Hochul signed a law on Monday to benefit older members of the LGBTQ community.
The federal Older Americans Act of 1965 helps direct funding and services by “greatest social need”. It generally targets residents in rural areas, people with disabilities, limited English, and those with memory disorders, such as Alzheimer’s.
Now, New York legislation S.78-A/A.7855 expands the “greatest social need” to those who have experienced isolation or barriers because of their racial and ethnic status, sexual orientation, gender identity, and HIV status.
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“As Governor, one of my top priorities is making sure all New Yorkers receive the care and help they need regardless of their identity,” Hochul said.
“There is drastic inequity in physical and mental care for older adults in the LGBTQ community, and this legislation is an important step in addressing those inequities while helping ensure LGBTQ older New Yorkers receive the same respect and support as anyone else in the state.”
New York follows in the footsteps of California and Illinois by specifically including LGBTQ communities in the Older Americans Act.
Out lawmakers lead charge for change
The legislation was carried in both chambers by out, gay lawmakers: State Senator Brad Hoylman and Assemblymember Harry Bronson.
When the bill passed the state senate last year, Hoylman explained why LGBTQ seniors deserve special consideration. Many grew up in a time when they face tremendous stigma or ostracization for being themselves.
“As a result, LGBTQ elders tend to be more isolated, have smaller support networks, and less financial stability than their peers. This legislation will ensure that New York prioritizes connecting LGBTQ elders to the LGBTQ-affirming services and support they need to age with dignity.”
Thank you @bradhoylman and @GovKathyHochul for ensuring this important bill becomes law. Making sure LGBTQ+ folks can live with dignity as they grow older is essential to creating a more equitable and inclusive society. This law will help us recognize their needs moving forward. pic.twitter.com/W3NGzBRmTJ
— Harry B. Bronson (@HarryBBronson) October 17, 2022
Veterans Affairs expands benefits for same-sex spouses
In other news that may impact LGBTQ seniors, the Department of Veterans Affairs announced it’s expanding survivor benefits for same-sex spouses. The change takes into account many same-sex couples were unable to marry before 2015.
The change came about after a man, Larry Vilord, appealed to the U.S. Court of Appeals for Veterans Claims.
Vilord was denied enhanced survivor benefits because he and his late spouse, Navy veteran Rhett Chalk, only married in 2017. However, they were in a relationship for 44 years.
They met when Chalk returned from duty in Vietnam. The men built a life together in Miami Beach. They started their own business and exchanged rings during a commitment ceremony before same-sex marriage became legal.
Vilord was also Chalk’s primary caregiver after Chalk became quadriplegic in 2003. It was the result of a longstanding injury he sustained in Vietnam. Chalk died in 2020, meaning his and Vilord’s marriage fell short of the eight-years minimum required for enhanced survivor benefits.
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“The impact of today’s decision is monumental,” said Peter Perkowski, an expert on LGBTQ+ Veterans Law at the WilmerHale Legal Services Center at Harvard.
“Survivors of LGBTQ+ veterans have been fighting in court for years to obtain the benefits their spouses earned through their service.
“We hope that today’s step by the VA puts an end to this and all other sexual-orientation-based discrimination perpetuated by the agency.”
Kangol2
This is very good news for NY State LGBTQ seniors. Every US state should follow this lead.
abfab
I HEART NY. Now watch. The right winger’s heads will explode and Fox will encourage all republicans to become Gay to scam the benefit’s systems….FOR SPITE!
cuteguy
I agree every state should sign this in to law. Unfortunately they won’t bc middle America are full of religious cult hypocrites who use religion as an excuse for hate. I hope Chris Evans is right that all these homophobic dinosaurs will soon be extinct
bachy
Awesome new law. I believe that anything which helps the elderly is indicative of a civilization’s greatness.