The U.S. Department of Justice ruled Tuesday that the Social Security Administration must recognize the children of same-sex couples, including their relationship with non-biological parents, even though the federal Defense of Marriage Act prevents the government from recognizing or providing benefits to those couples.
The opinion was offered in the case of a minor child whose non-biological parent was collecting Social Security benefits. It was unclear whether the child could also collect benefits, as those with opposite-sex parents could. The DoJ ruled that:
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. . . . A child’s inheritance rights under state law may be independent of the existence of a marriage or spousal relationship.
While the federal government still has a long way to go (a widowed partner should get her/his partner’s Social Security benefits, too), this is a significant move. At last, someone is thinking of what’s best for the children.
