Federal legislation would give gay couples equality in Social Security

Legislation introduced in the U.S House of Representatives last week would amend the Social Security Act to afford same-sex couples the same benefits, responsibilities, and obligations as others who pay into Social Security. The Equal Access to Social Security Act, H.R. 5152, would add the term "permanent partner" to the Social Security Act in addition to the terms "husband" and "wife," which are already present in the legal code.

"Same-sex couples are denied more than 1,000 federal benefits that other taxpayers are entitled to," said Democratic congressman Jerrold Nadler of New York, who authored the bill. "The Equal Access to Social Security Act addresses this inequity. Ultimately, the only way same-sex couples will be treated equally is when they are allowed to marry—but until that can be a reality for the millions of same-sex couples in this country, we should act to make federal law fair to all."

Nadler's bill does not address same-sex marriage but does provide gay and lesbian couples with some of the benefits married couples enjoy under the Social Security system. Under H.R. 5152, children of same-sex couples would be able to collect survivor benefits in the event of a parent's death, just as children of federally recognized married couples may do.

"I've heard many conservatives say that other than the case of marriage, they don't want to discriminate against the LGBT community," Nadler said. "If they truly don't want to discriminate, here is their chance to prove it. Same-sex couples pay the same taxes as married couples, and they deserve the same Social Security benefits as everyone else."

Recognizing that the elderly often face difficulty maintaining their standard of living after a partner dies, the bill would also entitle elderly same-sex couples to the survivor benefits offered by Social Security to heterosexual widows and widowers.

Seventeen members of Congress have cosponsored Nadler's resolution: representatives Tammy Baldwin, Howard Berman, John Conyers, Joseph Crowley, Rahm Emanuel, Sam Farr, Barney Frank, Raú;l Grijalva, Patrick Kennedy, Barbara Lee, Carolyn Maloney, Jim McDermott, George Miller, Charles Rangel, Pete Stark, Henry Waxman, and Lynn Woolsey. (The Advocate)