Court Rules Same-sex Couples Have Equal Access to Survivor’s Benefits
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thegavoice.comA federal court ruled Wednesday (May 27) that the U.S. Social Security Administration’s (SSA’s) refusal to consider claims for survivor’s benefits by same-sex couple who weren’t married for nine months because of marriage bans is unconstitutional, according to LGBTQ legal organization Lambda Legal.
Michael Ely was denied survivor benefits following the death of his husband James A. Taylor because, while they had been together for 43 years, they were only legally married for six months because of the same-sex marriage ban.
The SSA requires couples be married “for a period of not less than nine months” to qualify for benefits. However, the U.S. District Court for the District of Arizona Magistrate Judge Bruce Macdonald ruled that Ely does in
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