The Social
Security Administration must recognize the children of
same-sex couples, the Department of Justice determined
Tuesday.
The Social
Security Administration must recognize the children of
same-sex couples, the Department of Justice determined
Tuesday.
The federal
Defense of Marriage Act prevents Washington from recognizing
or providing benefits to same-sex couples, but it does
not explicitly address the benefits of children of such
couples.
"Although DOMA
limits the definition of ‘marriage’ and
‘spouse’ for purposes of federal law,
the Social Security Act does not condition eligibility
for [benefits] on the existence of a marriage or on the
federal rights of a spouse in the circumstances of this
case; rather, eligibility turns upon the
State’s recognition of a parent-child
relationship, and specifically, the right to inherit as a
child under state law," stated the legal opinion
prepared by Steven Engel, deputy assistant attorney
general for the Justice Department's Office of Legal
Counsel.
The opinion was
delivered after a child of a lesbian couple who had a
civil union in Vermont attempted to receive Social Security
benefits.
The
child’s nonbiological parent began collecting her
Social Security benefits in 2005, the year the child
was born, and under Social Security law the minor
children of adults who receive disability benefits can also
claim benefits. (The Advocate)
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