"Civil Union" folks: Another reminder that same-sex couples aren't equal - Social Security benefits

[Bluebear]

Steve Vernon at MoneyWatch.com took a look at retirement planning for gay and lesbian couples and provides some financial advice. And, it also provide an example of how same-sex couples aren't equal:

Unfortunately, Social Security does not recognize gay marriage (see footnote 1), as was verified by a phone representative at Social Security who talked with my research associate. With a gay couple, the Social Security income that your household receives is the sum of each of your Social Security benefits, based on your own earnings record. When one of you dies, that person’s Social Security income stops. This is different from married straight couples, for whom survivors’ benefits are paid to the spouse.

Here's that footnote 1:

Under Federal law an individual whose claim for benefits is based on a State recognized same-sex marriage or having the same status as spouse for State inheritance purposes cannot meet the statutory gender-based definition of widow or widower of the worker, including one who is divorced. Therefore, for all benefit purposes, the Social Security Administration does not recognize such individual as the widow or widower of the deceased worker.

That's thanks to Section 3 of DOMA.

Remember, a federal court judge found section 3 of DOMA unconstitutional. The decision has been stayed pending appeal. We'll know by October 18 if the Obama administration intends to appeal the decision. It's widely expected that they will. Until DOMA is overturned by the courts or Congress repeals it, we're not equal.

http://gay.americablog.com/2010/09/another-reminder-that-same-sex-couples.html

[Rhythm]

1. It's the same thing in terms of survivor's benefits to children...

Example (from my life):
Lyric and i have been together for 11 years. Our 10-yr-old son is hers biologically, and WV does not grant second-parent adoptions to the same-partner of a biological parent.

Despite the fact that i have been his parent for every day of his life, if i were to get hit by a bus tomorrow, the federal government would not pay one cent toward his welfare, because i am unrecognized as his parent, and my relationship with Lyric is unrecognized as well.

[mitchtv]

2. don't I ever know it

and I am one of the lucky ones, FIERCE!

[SharonAnn]

3. No, as a married couple, when my husband died his Social Security stopped. Period.

I still get mine. I can switch to his if it's better, but then I lose mine. One or the other, not both. I don't get survivor benefits and we were a heterosexual married couple.

The difference for civil unions would be that the survivor doesn't get the choice.

[Bluebear]

4. I see. And if you didn't work and he died, what would you get? What would a gay survivor get?

[Bluebear]

6. Hello? :)

[LostinVA]

7. And if you have a child with your same-sex partner

And they work outside of the home and you don't, and your partner dies? But the child is only LEGALLY yours, because your partner isn't allowed to adopt your child?

[Bluebear]

8. 'One or the other, not both.'

It applies to children of gay partners too. :/

[MrScorpio]

5. Such is the state of straight privilege in America as it is...

It's quite clear that qualification for citizenship rights and human rights for gays is not the same as it is for straights.

Unless this country is ready to redefine the definition of what marriage is, from it's "one man/one woman" model to one which guarantees full equality for all, I would expect that the kinds of problems that you've noted will still continue.

Obviously, lawmakers, jurists and ordinary people need to get it into their heads and into the books that everyone in this country is entitled to equal rights, in spite of whether some folks love others of the same sex or not.