[20080103]RS21897_国家同性婚姻合法化对社会保障福利和养老金的影响.pdf

1 In Goodridge v. Department of Public Health, the Massachusetts Supreme Judicial Court ruledthat under the state constitution, same-sex couples have the right to marry. The court later advisedthe state legislature that civil unions would not meet the requirements of the Goodridge decision.Order Code RS21897 Updated January 3, 2008The Effect of State-Legalized Same-Sex Marriage on Social Security Benefits and PensionsLaura Haltzel and Patrick PurcellSpecialists in Income SecurityDomestic Social Policy DivisionSummaryWith the 2004 legalization of same-sex marriage in Massachusetts,1 many havequestioned how the legalization of such marriages at the state level may affect theeligibility for and payment of federal Social Security benefits and private pensions.Social Security benefits are currently paid to the spouses of disabled, retired, or deceasedworkers entitled to Social Security. However, under current law, same-sex spouses arenot eligible for Social Security benefits because they are unable to meet the gender-based definitions of “wife” and “husband” in the Social Security Act and the gender-based definition of “marriage” established by the Defense of Marriage Act. Federalemploy