Rep. Mike Thompson Calls on Social Security Administration to Provide Equal Benefits to Same-Sex Spouses

Press Release

U.S. Rep. Mike Thompson (CA-5) joined 127 of his colleagues in the U.S. House of Representatives this week in calling on the Social Security Administration to extend Social Security marriage benefits to all same-sex spouses joined in civil unions, registered domestic partnerships, or marriages in states that do not recognize marriage equality.

The Social Security Administration is currently withholding benefits from same-sex couples in civil unions and registered domestic partnerships, as well as married same-sex couples living in states that do not recognize same-sex marriages.

"No matter where a same-sex couple lives or what their union may be called, they are entitled to the same benefits as any married couple," said Thompson. "The Supreme Court was absolutely right to strike down the unconstitutional Defense of Marriage Act that denied federal benefits to same-sex couples. Now we must continue working to make sure the rights and benefits of marriage are guaranteed for all American spouses."

In 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the Defense of Marriage Act (DOMA), which defined marriage as a union between one man and one woman, was unconstitutional under the Due Process Clause of the Fifth Amendment. However, the Windsor decision provided little guidance as to the status of legally married couples who live in states that do not recognize same-sex marriages. As a result, the Social Security Administration has put on hold survivor benefit applications from same-sex spouses who live in states that do not recognize gay marriage.

The full text of the letter signed by Thompson is below.

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