# 45 on the list of reasons of why I love America

The nation's first openly gay Congressman, Gerry Studds of Massachushetts, recently passed away at the age of 69. 2 years ago, Studds legally married Dean Hara after that state legalized same-sex marriage.

Under federal law, surviving spouses receive lifetime pensions - of which about $62,000 annually (of around $115K of his total pension) would have gone to Dean Hara - well that is if the federal government had legally recognized their marriage.

It's the first time in the history of the Congressional pension program that such a situation has arisen.

Gary Buseck, legal director for the group Gay and Lesbian Advocates and Defenders, said Studds's case may offer "a moment of education for Congress."

"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," Buseck said.

The only other reason for denying pension to spouses is if that person has been convicted for espionage or treason.

It's nice to know that a loving, legally-sanctioned marriage in one state is equated with those crimes on the federal level.

As of now, the federal government has refused to pay the death benefits to Hara, and I'm guessing that will most likely be their final say on said subject.