Although Social Security is federally regulated agency, its rules relating to survivor’s benefits for same sex couples differs depending on which state you live in.
That means that in 34 states where same sex marriage is legal that survivor benefits will be granted to the widow or widower of a same sex spouse, but that is not the case in the other 16 states the currently ban same sex marriage.
It seems like quite a contradiction for Social Security, a federal agency, to be hamstrung by state laws related to same sex marriage, but it is a fact. Social Security officials have said they must follow state laws.
It doesn’t even matter if a same sex couple is married in a state the legally recognizes same sex marriage and moves to a state that does not recognize gay marriage. The ruling depends on where the couple was living at the time of death.
This refusal of Social Security to pay for survivor benefits to same sex couples in the 16 states that don’t recognize same sex marriage is not going unnoticed. The National Committee to Preserve Social Security and Medicare has sued Social Security claiming that this discrepancy is unconstitutional.
At the beginning of this year, Social Security released a statement about the potential of awarding benefits to some same sex couples after the Supreme Court ruled a part of the Defense of Marriage Act unconstitutional.
“As with previous same-sex marriage policies, we worked closely with the Department of Justice,” said Carolyn Colvin, acting commissioner of Social Security. “We continue our commitment to treating all Americans fairly, with dignity and respect.”
Unfortunately, Social Security is not treating all Americans fairly when they refuse survivor’s benefits to some same sex couples who were previously legally married.
To learn more about Social Security’s policies related to same sex survivors benefits click here.
