Continental promo
||  News  ||
 
June 19, 2008

DOJ OK's Benefits for Kids of Same-Sex Couples

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) 

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.

  • Name: Myrna Kurland
    Date posted: 2008-06-19 2:58 PM
    Hometown: Los Angeles, Caliofnria

    Comment:

    Could this be the beginning of the end of DOMA? Let's hope so.


Back to top

Submit a comment for this story:

*Type your comment here (Required, 1000 characters max. HTML formatting and hyperlinks are NOT permitted.):

*Name (Required): 

*Hometown (Required): 

*E-mail address: (Required, but will not be displayed)

Is this comment for publication? 
Yes   No

Daytime phone number: (Required for print publication only and will not be displayed)

Please enter the words you see in the box, in order and separated by a space. Doing so helps prevent automated programs from abusing this service.

  

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.