Udall, Murray Bill Ensures Equality for Same-Sex Spouses

Press Release

U.S. Senators Mark Udall (D-Colo.) and Patty Murray (D-Wash.) introduced today the Social Security and Marriage Equality (SAME) Act of 2014 to ensure all same-sex spouses receive equal treatment under the Social Security Act when applying for Social Security benefits, regardless of where they live. Currently, the Social Security Act determines spousal benefits by place of residence. Because of that standard, legally married same-sex spouses who live in states that do not recognize same-sex marriage have had their applications for Social Security spousal benefits put on hold. The SAME Act aims to fix that unfair discrepancy, building on Udall's work to end discriminatory practices based on sexual orientation.

"Nearly a year after the U.S. Supreme Court overturned the discriminatory Defense of Marriage Act, there's no excuse for the federal government to continue withholding federal benefits from legally married same-sex couples. That's why I am proud to lead the effort to ensure the Social Security Administration doesn't discriminate against anyone who is eligible for spousal benefits," Udall said. "Marriages don't end when couples cross state lines, and neither should the federal benefits they have earned. Whether it's veterans' home loans or spousal survivor benefits, I won't rest until the federal government treats all marriages equally."

"The current delay of survivor benefits claims by the Social Security Administration not only places an unfair economic burden on legally married same-sex couples, but an extremely emotional one as well," Murray said. "Your zip code should not determine whether or not your family will have the means to survive after the death of a spouse. While I believe the Social Security Administration can, and should, resolve this inconsistency through administrative action, the SAME Act would provide a roadmap to ensure equality under our federal laws do not end at state lines."

"Because Colorado still does not recognize the freedom to marry for all committed couples, gay and lesbian couples legally married in another state still face the daily reality of having their Social Security spousal benefits placed in limbo," said Dave Montez, Executive Director of leading statewide lesbian, gay, bisexual, and transgender advocacy group One Colorado. "This is yet another reminder that when it comes to protecting Colorado couples and their families, there is no substitute for marriage. We thank Senators Udall and Murray for their leadership in moving full equality forward, and with over 60 percent of Coloradans now supporting the freedom to marry, it's clear the Centennial State is ready to take this step."

In its 2013 decision in United States v. Windsor, the U.S. Supreme Court overturned Section 3 of the Defense of Marriage Act and found that the federal government may not, through its statutes, create two classes of marriage. To implement the ruling, the U.S. Attorney General issued a memorandum to his department on February 10, 2014, that repeatedly relies on a "place of celebration" standard in determining the validity of marriages, including between same-sex couples. Under this standard, a marriage is recognized as valid in the state the couple married, not where the legally married couple resides afterward. In light of the Supreme Court's ruling, the Social Security Administration should be afforded the same standard to conform to Windsor and avoid further discrimination against legally married same-sex couples. While the Social Security Administration has the ability to resolve this inconsistency through administrative action, the SAME Act provides a roadmap to ensure equal access for all couples.

The SAME Act would amend the Social Security Act to:

Confer Spousal Benefits to any individual legally married in United States.
Eliminate the requirement that the spouse reside in a state that recognizes same-sex marriage in order to be eligible for Social Security benefits.
Ensure spouses legally married outside the United States are eligible for Social Security benefits.
The SAME Act has been endorsed by: Human Rights Campaign, National Committee for the Preservation of Social Security and Medicare, National Older Women's League (OWL), Pride Foundation, Services and Advocacy for GLBT Elders (SAGE), and Social Security Works.

"Every legally married, same-sex couple deserves to have their marriage fully recognized by the federal government regardless of where they live or what federal benefits they have earned," said David Stacy, Government Affairs Director, Human Rights Campaign. "We are grateful to Senators Patty Murray and Mark Udall for bringing attention to the essential protections provided by Social Security. Their strong, passionate and consistent leadership is moving us closer to an America where every citizen is treated equally regardless of sexual orientation or gender identity."

"SAGE congratulates Senators Murray and Udall on introducing this important legislation," said Michael Adams, Executive Director, Services and Advocacy for GLBT Elders (SAGE). "It is high time that LGBT older adults were treated like first class citizens when it comes to receiving the Social Security benefits they have earned through a life of hard work."

Udall has led efforts in Congress to end discriminatory practices that prevent lawfully married veterans from receiving the benefits they have earned in the wake of the U.S. Supreme Court's recent decision striking down the Defense of Marriage Act. He led a letter to the U.S. Department of Justice in January urging it to fully enforce the court's decision. Udall also was the first lawmaker to call out the VA's discriminatory policies last year after it harmed a Colorado couple. Udall has been a vocal advocate of striking down misguided laws that discriminate against committed, married gay couples on both the state and federal level. Udall helped pass the Employment Non-Discrimination Act last year, which would bar employers from discriminating on the basis of sexual orientation.

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