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Federal agencies roll out benefits for married same-sex couples Federal agencies roll out benefits for married same-sex couples
(2 months later)
The Obama administration is moving to expand the federal benefits offered to same-sex couples including some sick leave, social security and veterans affairs benefits regardless of whether the couple live in a state where their marriage is recognized.The Obama administration is moving to expand the federal benefits offered to same-sex couples including some sick leave, social security and veterans affairs benefits regardless of whether the couple live in a state where their marriage is recognized.
The move comes a year after the US supreme court struck down the Defense of Marriage Act (Doma), which found a federal ban on gay marriage was unconstitutional but didn't automatically grant federal benefits to same-sex couples. More than a dozen federal agencies had to adjust review and adjust more than 10,000 federal policies to actually extend the benefits to couples.The move comes a year after the US supreme court struck down the Defense of Marriage Act (Doma), which found a federal ban on gay marriage was unconstitutional but didn't automatically grant federal benefits to same-sex couples. More than a dozen federal agencies had to adjust review and adjust more than 10,000 federal policies to actually extend the benefits to couples.
Most of those agencies, everything from the Federal Elections Commission to the Department of Agriculture are rolling out regulations to recognize same-sex couples. However, Veterans Affairs and the Social Security administration – two far-reaching agencies with potent benefits – require Congress to take action to fully extend benefits. Most of those agencies, everything from the Federal Elections Commission to the Department of Agriculture are rolling out regulations to recognize same-sex couples. However, Veterans Affairs and the Social Security administration – two far-reaching agencies with potent benefits – require Congress to take action to fully extend benefits.
“I am pleased to report that agencies across the federal government have implemented the Windsor decision to treat married same-sex couples the same as married, opposite-sex couples for the benefits and obligations for which marriage is relevant, to the greatest extent possible under the law," Attorney General Holder wrote in a memorandum to President Obama, published in a statement by the Justice Department.“I am pleased to report that agencies across the federal government have implemented the Windsor decision to treat married same-sex couples the same as married, opposite-sex couples for the benefits and obligations for which marriage is relevant, to the greatest extent possible under the law," Attorney General Holder wrote in a memorandum to President Obama, published in a statement by the Justice Department.
Among the changes: the family and medial leave act will allow same-sex partners to take leave from work to care for a sick partner; social security benefits will now be offered to same-sex survivors; and gay spouses are now eligible for burial in military cemeteries.Among the changes: the family and medial leave act will allow same-sex partners to take leave from work to care for a sick partner; social security benefits will now be offered to same-sex survivors; and gay spouses are now eligible for burial in military cemeteries.
However, Holder said the administration "should continue to support" congressional action required for the SSA and VA to fully recognize same-sex spouses.However, Holder said the administration "should continue to support" congressional action required for the SSA and VA to fully recognize same-sex spouses.
Most federal agencies changed language that recognized couples' state of residence to instead recognize where the couple married, or "place of celebration", rather than place of residence. Federal law prohibits the SSA and VA from adopting the same language.Most federal agencies changed language that recognized couples' state of residence to instead recognize where the couple married, or "place of celebration", rather than place of residence. Federal law prohibits the SSA and VA from adopting the same language.
Same-sex marriage is legal in 19 states and the District of Columbia. All remaining states have legal challenges winding through the courts seeking to legalize same-sex marriage. Same-sex marriage is legal in 19 states and the District of Columbia. All remaining states have legal challenges winding through the courts seeking to legalize same-sex marriage.
“Under the president’s leadership, the Obama administration has demonstrated an unwavering commitment to ensuring all committed and loving gay and lesbian couples benefit from the Supreme Court’s historic ruling in [United States v Windsor] last year,” said Human Rights Campaign legal director Sarah Warbelow, in a statement. “This report should serve as a clarion call for Congress to finish the job.” “Under the president’s leadership, the Obama administration has demonstrated an unwavering commitment to ensuring all committed and loving gay and lesbian couples benefit from the Supreme Court’s historic ruling in [United States v Windsor] last year,” said Human Rights Campaign legal director Sarah Warbelow, in a statement. “This report should serve as a clarion call for Congress to finish the job.”
The VA and SSA were able to offer some benefits to same-sex couples.The VA and SSA were able to offer some benefits to same-sex couples.
Those who live in states where same-sex marriage is already legal will be eligible for full benefits. To recognize couples living in states where gay marriage is illegal, for the purpose of full SSA and VA benefits, Congress needs to allow those two agencies to recognize spouses through their "place of celebration."Those who live in states where same-sex marriage is already legal will be eligible for full benefits. To recognize couples living in states where gay marriage is illegal, for the purpose of full SSA and VA benefits, Congress needs to allow those two agencies to recognize spouses through their "place of celebration."
However, the SSA and VA can provide limited benefits to couples living in states where gay marriage isn't legal.However, the SSA and VA can provide limited benefits to couples living in states where gay marriage isn't legal.
The acting secretary of the VA issued a ruling that same-sex couples in a "committed relationship" with a veteran will be eligible for burial in national cemeteries, and will be eligible for a stipend for funeral services.The acting secretary of the VA issued a ruling that same-sex couples in a "committed relationship" with a veteran will be eligible for burial in national cemeteries, and will be eligible for a stipend for funeral services.
With regard to social security, a spouse who applies for survivor's benefits, for example, will be eligible if they live in a state that allows same-sex marriage. If that surviving spouse moves to a state that doesn't recognize same-sex marriages while a benefits application is pending, the administration won't reevaluate the application as it previously did. With regard to social security, a spouse who applies for survivor's benefits, for example, will be eligible if they live in a state that allows same-sex marriage. If that surviving spouse moves to a state that doesn't recognize same-sex marriages while a benefits application is pending, the administration won't reevaluate the application as it previously did.
Several legislative fixes have been introduced to remedy language in the SSA and VA regulations. For example, Senate Democrats introduced the Social Security and Marriage Equality Act and a Veterans Affairs amendment in May, and an identical bill was introduced in the House, but neither measure made it out of committee. Several legislative fixes have been introduced to remedy language in the SSA and VA regulations. For example, Senate Democrats introduced the Social Security and Marriage Equality Act and a Veterans Affairs amendment in May, and an identical bill was introduced in the House, but neither measure made it out of committee.
Benefits provided by other federal agencies will become more universal. For example, all married couples, same-sex or otherwise, can employ the Family Medical Leave Act under rules proposed by the Department of Labor. The law provides job-protected leave to care for a spouse. Benefits provided by other federal agencies will become more universal. For example, all married couples, same-sex or otherwise, can employ the Family Medical Leave Act under rules proposed by the Department of Labor. The law provides job-protected leave to care for a spouse.