Washington, D.C. — U.S. Senator Barbara Boxer (D-CA) today called on the Social Security Administration to swiftly extend Social Security survivor benefits to all same-sex couples and their families.
"All federal agencies should endeavor to provide swift and equal access to programs and benefits for all same-sex couples, regardless of their state of residence, using existing administrative authorities," Senator Boxer wrote in a letter to Social Security Administration Acting Commissioner Carolyn Colvin.
Senator Boxer also asked the Social Security Administration to notify Congress immediately if a legislative remedy is required so that work addressing these issues can begin on Capitol Hill.
"I have met so many surviving spouses and family members of same-sex relationships who struggle needlessly after the passing of their family members," Senator Boxer wrote. "Access to Social Security benefits can often times mean the difference between keeping your home and losing it, or feeding your children and watching them go hungry."
Senator Boxer's letter comes less than a week after the historic United States v. Windsor striking down a key provision of the Defense of Marriage Act that denied more than 1,000 federal benefits to same-sex married couples. Senator Boxer was one of 14 Senators who voted against the Defense of Marriage Act when it was enacted in 1996.
The full text of the letter follows:
July 1, 2013
The Honorable Carolyn W. Colvin
Acting Commissioner
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Dear Acting Commissioner Colvin:
Until the Supreme Court struck down Section 3 of the Defense of Marriage Act in last week's historic United States v. Windsorruling, federal law prevented the recognition of same-sex marriages for purposes of Social Security family and spousal benefits, resulting in the exclusion of millions of Americans from the same critical safety net programs that are made available to the families of heterosexual couples.
I have met so many surviving spouses and family members of same-sex relationships who struggle needlessly after the passing of their family members. Access to Social Security benefits can often times mean the difference between keeping your home and losing it, or feeding your children and watching them go hungry. Surviving spouses and children of same-sex marriages lose thousands of dollars in earned Social Security benefits every year because of the discriminatory policy mandated by the Defense of Marriage Act.
After last week's Supreme Court ruling, I was pleased to learn that the Social Security Administration (SSA) took immediate steps to prepare for the changes that will be necessary to extend full federal benefits to all same-sex couples and their families. The SSA should be applauded for issuing emergency instructions to all field offices directing them to accept applications from same-sex couples and hold them until specific instructions on how the Court's decision will be implemented are determined.
I was also encouraged by President Obama's comments indicating that he believes all legally-married same-sex couples should have access to the same benefits, regardless of where they chose to live.
All federal agencies should endeavor to provide swift and equal access to programs and benefits for all same-sex couples, regardless of their state of residence, using existing administrative authorities. In instances where remedies are not available through executive action and will instead require specific changes to existing law, I urge you to notify Congress immediately so that the legislative process to address these issues can begin.
While I understand the SSA's review of its legal authorities regarding same-sex couples must be comprehensive and thorough, I encourage you to work as expeditiously as possible for the millions of Americans who await your decisions.
Sincerely,
Barbara Boxer
United States Senator
