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, Raúl Grijalva, Patrick Kennedy, Barbara Lee, Carolyn Maloney, Jim McDermott, George Miller, Charles Rangel, Pete Stark, Henry Waxman, and Lynn Woolsey. (The Advocate)

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

Be the first to comment on this story.

If you would like to submit a comment for posting, please fill out the form above.

All comments submitted via this form are subject to posting or publication. (To send a private letter to an Advocate editor or writer, please use the e-mail button at the top of the page, or use snail mail.) If you would like your comment considered for publication in The Advocate magazine, please include your full name, your city of residence, and a phone number where you can be reached during business hours so that we can confirm your identity. Your e-mail address and telephone number are strictly confidential and will not be shared or used for any purpose other than to contact you about your comment.

See the Contact page for sending comments for reasons other than responding to Advocate editorial and news stories.

Please note that comments sent by fax or snail mail are unlikely to be posted, although they will be considered for publication along with all letters received via e-mail or via this Web page. Comments that chiefly concern Advocate.com content will be considered for posting only on the Web site. The Advocate reserves the right to edit submitted comments for grammar, spelling, obscenities, or libel; we will, however, do our best to preserve the original comment's style and intent. Comments considered for publication in The Advocate magazine may also be edited for length.

More Exclusives

View From the Hill: The End of DADT?
Defense Secretary Robert Gates revealed that lawyers are exploring ways to ease enforcement of the military's gay ban, but cautioned that the law doesn't leave much wiggle room. He need look no further than DOD history for a lesson in altering the policy.

Hot Sheet: Week of July 5
When you get back from that big 4th of July barbecue, unwind with Sacha Baron Cohen's Bruno and your favorite B-movie-mocking, basic cable robots.

Hungry Like the Wolf
A master of viola, ukulele, piano, and harp, Patrick Wolf is a music prodigy -- one who, the night before this interview, spit on a cop and got himself arrested.

Soapside: Advocate's Guide to Daytime
Forbes March talks about playing gay, Otalia fans outraged, update on One Life to Live’s Patricia Maurceri’s firing over gay plot point, Phillip Chancellor III big reveal, and Erica Kane goes to Africa.

The Faces of Federal Prop. 8
With the federal challenge to Prop. 8 moving full speed ahead, Advocate.com sits down with the two couples named as plaintiffs in the suit.

Mommy, the Gays Are Coming
After a year of advancements and celebration for gay and lesbian Colombians, the community takes to the streets of Bogota for the country's biggest pride ever.

The Pride of Antwerp
Advocate.com hits the gay-friendly streets of Antwerp with openly gay police commissioner Serge Muyters.

Excerpt: Mean Little Deaf Queer
In an excerpt from her humorous and harrowing new memoir, Mean Little Deaf Queer, Terry Galloway recalls her early childhood, describing feelings of ugliness, confusion about gender, and being one of the boys.

Top Political Blogs
From Joe.My.God to The Daily Beast, Advocate.com spotlights a few of the best blogs that cover politics, inside and way outside the Beltway.

The Diva of French Television
A hot young screenwriter who has made gay OK for millions of French viewers, Nicolas Mercier sips champagne, dons a feathered hat, and says he wants to see Colin Farrell and Jude Law go at it.