For the first time, the federal government is denying death benefits to the spouse of a congressman because he is gay.

Former Rep. Gerry Studds, D-Mass., who became the first openly gay member of Congress when his homosexuality was exposed during a teenage page sex scandal, died early Saturday. He was 69. In 2004 Studds married Dean Hara, 48, after gay marriage was legalized in Massachusetts.

Hara, unlike the spouses of other members of Congress who have died, won't be receiving any portion of Studds' estimated annual $114,337 pension. The 1996 federal Defense of Marriage Act blocks the federal government from recognizing the 2004 marriage between Studds and Hara.

Peter Graves, a spokesman for U.S. Office of Personnel Management, which administers the congressional pension program under federal law, said same sex partners are not recognized as spouses for any marriage related benefits.

He said Studds is the first case of its kind as far as the office could determine. "Our office could not think of a similar situation having occurred," he said.

Graves said Studds had other options. He could have had an insurable interest annuity, similar to buying an insurance policy, which is allowed under both the civil service and federal employee retirement system and does not come under the restrictions of the Defense of Marriage Act. Graves said he didn't know if Studds used that option.