LGBT
Related: About this forumTexas lesbian widow is plaintiff in Lambda Legal suit against Social Security Administration
Lambda Legal filed a lawsuit today (Wednesday, Oct. 22) against the Social Security Administration on behalf of Kathy Murphy of Austin and the National Committee to Preserve Social Security and Medicare, claiming that the SSAs decision to deny spousal benefits to Murphy after the death of her wife violates the U.S. Constitution. Following the U.S. Supreme Courts decision last year in United States v. Windsor, in which the court struck down portions of the federal Defense of Marriage Act that denied federal recognition to legally married same-sex couples, Lambda Legal attorneys argue that SSA cannot perpetuate the same kind of discrimination now and leave lesbian and gay spouses without the financial protections of social security as they age, according to a press statement the organization released this afternoon.
Murphy, 62, and Sara Barker had been together 30 years when they were legally married in Massachusetts in 2010, although they lived in Texas, a non-marriage-equality state. Barker died of cancer in March, 2012 at age 62. But because they lived in Texas, which does not legally recognize their marriage, SSA has refused to legally recognize their marriage, denying Murphy the spousal survivor benefits Barker had earned during her lifetime of work.
Following the SCOTUS ruling in the Windsor case last year, President Obama ordered the U.S. Attorney Generals office to work with other federal agencies and officials to implement the Windsor decision. In implementing that decision, the Department of Justice and most federal agencies depended on the law where a couples marriage took place the place of celebration to determine whether the marriage was legal, rather then place where they lived. Under that standard, Murphys and Barkers marriage should be legally recognized by the federal government.
Murphy applied to the SSA for surviving spouse benefits last year after the Windsor decision. But in June of this year, with Murphys application for benefits still pending, the Department of Justice announced that the SSA and the Department of Veterans Affairs viewed themselves as being prohibited by statute from using the place of celebration rule for certain programs, including the surviving spouse benefits program.
Read more: http://www.dallasvoice.com/texas-lesbian-widow-plaintiff-lambda-legal-suit-social-security-administration-10182946.html
Separate story: http://www.lonestarq.com/meet-the-new-edie-windsor/
Cross-posted in the Texas Group.
marym625
(17,997 posts)With the Windsor decision was ALL federal benefits were legal in all legal marriages. That's why couples married in marriage equality states file a federal return but then have to complete a second federal return to determine what goes on their state return (hope I said that well enough to follow)
Which means that the federal government would have to look at where the marriage was.
What a fucked up bullshit thing to do. The IRS has to look at the marriage state but not the military or SSA?
marym625
(17,997 posts)If their taxes for 2012 were accepted by the irs as married filing jointly, and the IRS collects for the SSA, then they should have to pay it. Imho.