A new bill just introduced in the U.S. Senate would guarantee that legally married same-sex couples, no matter where they live, could be eligible for spousal benefits under Social Security.
The bill ties up one of the loose ends left after the U.S. Supreme Court struck down the federal Defense of Marriage Act last year. Soon after the court’s ruling, Attorney General Eric Holder announced that same-sex couples were now eligible to receive all federal spousal benefits, but only in the state where the marriage was performed. Benefits have been on hold for couples who live in states like Wisconsin, where same-sex marriage is still illegal.
A bill to fix that, known as the SAME Act, has been introduced by Sens. Patty Murray, D-Ore., and Mark Udall, D-Col. Sen. Tammy Baldwin, D-Wisc., is a co-sponsor.
Stay informed on the latest news
Sign up for WPR’s email newsletter.
“The SAME Act, at least for Social Security benefits, would bring justice and equality to married couples who right now cannot qualify for death benefits, for example, because the federal government won’t recognize their marriage,” said Baldwin.
Baldwin says it may be difficult to get the 60 votes necessary to pass the bill, but she says she’s optimistic. She says since the Supreme Court decision she’s seen change of heart among a few prominent Republicans.
“My colleagues during that spring one by one kept saying, ‘I want to come out in support of full marriage equality,’” Baldwin said. “Sen. Portman of Ohio, when his son came out to him, said ‘I want my son to be treated equally.’ I hope we’re getting there and maybe this bill will help.”
Meanwhile, Wisconsin’s constitutional ban on same-sex marriage faces a federal court challenge brought by the ACLU. Arguments in that case are scheduled for August.
Wisconsin Public Radio, © Copyright 2024, Board of Regents of the University of Wisconsin System and Wisconsin Educational Communications Board.
