Schatz Supports Bill To Ensure Social Security Equality

Washington, DC -- U.S. Senator Brian Schatz (D-Hawai‘i) co-sponsored the Social Security and Marriage Equality (SAME) Act of 2014 to make sure all legal marriages are treated equally by the Social Security Administration (SSA).  The bill would ensure that same-sex spouses receive the same spousal benefits afforded to married, heterosexual couples. 

Because the Social Security Administration uses an individual’s current place of residence to determine benefits, many 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 would eliminate this discriminatory standard.

“Same-sex couples legally married in Hawai‘i or in the many other states that recognize same-sex marriage should have access to the Social Security benefits they have paid into,” Senator Schatz said. “Equality under federal laws doesn’t end when you cross state lines. Social Security is a vital lifeline for so many seniors and our bill will make sure that everyone is treated equally, providing Social Security spousal benefits to those legally  eligible, regardless of who they love and where they live.”

In its 2013 decision in United States v. Windsor, the U.S. Supreme Court invalidated a key portion of the Defense of Marriage Act through its finding 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 avoid further discrimination against legally married same-sex couples.

The SAME Act, introduced by Budget Committee Chairwoman Patty Murray (D-Wash.) and Senator Mark Udall (D-Colo.) 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.

Earlier this year, Senator Schatz introduced legislation that would help service members discharged solely due to their sexual orientation correct their military records to reflect their honorable service and reinstate the benefits they earned.  Since World War II, more than 100,000 Americans are estimated to have been discharged from the military because of their sexual orientation.  Those forced out of the military may have left with discharge statuses of “other than honorable,” “general discharge,” or “dishonorable,” depending on the circumstances.  As a consequence, many of these service members may be disqualified from accessing certain benefits that they earned and are entitled to, such as veterans’ health care and GI bill tuition assistance, and may not be able to claim veteran status.  The consequences of a negative discharge status can be far-reaching, preventing some veterans from voting, and making it more difficult for them to acquire civilian employment. The Restore Honor to Service Members Act would cut existing red tape at the Department of Defense and simplify the process for veterans who were discharged because of their sexual orientation, allowing service members a chance to have their records corrected to reflect an honorable discharge, and give them all rights, privileges, and benefits associated with their honorable service.