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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Social Security Survivors Benefits for Those LGBTQ Who Could Not Marry

February 4, 2022

The New York Times reported a few weeks ago that SSA has agreed that those LGBTQ who were in a committed relationship and couldn’t marry until marriage equality are entitled to survivors benefits. Social Security Opens to Survivors of Same-Sex Couples Who Could Not Marry

Challenging the policy that limited survivor’s benefits to married couples took years and a class-action lawsuit that bears Ms. Thornton’s name. In November, the agency dropped its Trump-era appeals against Thornton v. Commissioner of Social Security and Ely v. Saul, two federal lawsuits brought by surviving same-sex partners or spouses.

The Social Security Administration now allows gay men and lesbians to receive survivor’s benefits if they can show that they were in a committed relationship and would have married had that been possible. The change could mean greater economic protection for a population with higher poverty rates than American adults overall.

Important and good news!