SAME Act would amend the Social Security Act so that all legal marriages are appropriately recognized

(Washington, D.C.) – Today, U.S. Senators Patty Murray (D-WA), Tammy Baldwin (D-WI) and Edward J. Markey (D-MA) along with Representative Ron Kind (D-WI) introduced the Social Security and Marriage Equality (SAME) Act of 2015 to ensure all same-sex spouses receive equal treatment under the Social Security Act when applying for Social Security benefits, regardless of where they live. Eligibility for spousal benefits provided under the Social Security Act is determined by a place of residence standard. This standard has resulted in applications for Social Security benefits for legally married same-sex spouses living in states that do not recognize same-sex marriage not being approved. The SAME Act provides a roadmap to ensure all legally married couples have equal access to the benefits they have earned.

“All legally married same-sex couples deserve equal treatment under the law, regardless of their zip code,” said Senator Patty Murray. “Where you live should not determine whether your family is economically secure following the death of a spouse, and it shouldn't prevent your family from receiving the benefits you have earned. The SAME Act would help ensure equality under federal law does not end at state lines.”

"For the last six months, all Wisconsinites have fully enjoyed the benefit of marriage equality. Unfortunately legally married same-sex couples in Wisconsin face uncertainty if moving to a state where their marriage is not recognized,” said Senator Tammy Baldwin. “The SAME Act will provide fairness and equality for legally married same-sex couples under the Social Security Act, regardless of where they live. While I am hopeful the Supreme Court will soon remove the necessity of such measures, I am proud to join this effort to build on our nation’s founding belief that all Americans are created free and equal under the law.” 

“No matter where in America a married couple decides to live, they should take comfort in knowing that their union will be treated equally under the law,” said Rep. Ron Kind. “Social Security spousal benefits offer economic security and peace of mind. Every married couple who contributes to the social security system should enjoy the same benefits. This is about basic fairness and I’m proud to help lead this bipartisan effort to ensure equality for every American citizen.”

In its 2013 decision in United States v. Windsor, the U.S. Supreme Court overturned Section 3 of the Defense of Marriage Act and found that the federal government may not, through its laws, create a subset of unequal marriages. As a result of the U.S. Supreme Court’s decision, married same-sex couples who live in states that recognize their marriage were eligible for the same protections, responsibilities, and access to federal programs afforded all other married couples, including taxes, immigration, and bankruptcy. However, inequality remains for legally married couples living in states that do not recognize their marriage, including under the Social Security Act’s place of residence standards. There are 55 lawsuits pending in Federal Court, with six of these involving the marriage laws of Kentucky, Michigan, Ohio, and Tennessee, accepted for review by the U.S. Supreme Court. Oral arguments of theses appeals is set for April 28, 2015.

The SAME Act’s Senate cosponsors include: Patty Murray (D-WA), Tammy Baldwin (D-WI), Ed Markey (D-MA), Brian Schatz (D-HI), Jeanne Shaheen (D-NH), and Tom Udall (D-NM).

Cosponsors in the House of Representatives include: Rep. Ron Kind (D-WI), Elizabeth Esty (D-CT),Ileana Ros-Lehtinen (R-FL), Carlos Curbelo (R-FL), Eleanor Holmes Norton (D-DC), Yvette Clarke(D-NY), Charlie Rangel (D-NY), Jackie Speier (D-CA), Susan Davis (D-CA), John Lewis (D-GA),Suzan DelBene (D-WA), Patrick Murphy (D-FL), Raul Grijalva (D-AZ), Alan Lowenthal (D-CA), Scott Peters (D-CA), Tony Cardenas (D-CA), Matt Cartwright (D-PA), Paul Tonko (D-NY), Earl Blumenauer(D-OR), Sam Farr (D-CA), Brian Higgins (D-NY), Gwen Moore (D-WI), Alcee Hastings (D-FL), Jared Polis (D-CO), Chris Van Hollen (D-MD), Mark Pocan (D-WI), Mike Honda (D-CA), Chellie Pingree (D-ME), Eliot Engel (D-NY), Donna Edwards (D-MD), Judy Chu (D-CA), Adam Schiff (D-CA), Lois Capps(D-CA), Mike Quigley (D-IL), John Delaney (D-MD), Alan Grayson (D-FL), John Garamendi (D-CA),Dina Titus (D-NV), Keith Ellison (D-MN), Beto O'Rourke (D-TX) and Jim McGovern (D-MA).