Post DOMA Legal Rights and Federal Benefits of Married Same Sex Couples

In the wake of the Supreme Court ruling in United States v. Windsor many questions remain as to what federal rights will now be available to married same sex couples.  It will be a matter of time before the availability of many federal benefits becomes clarified.  Federal employees will benefit under new rulings of the Office of Personnel Management regardless of whether or not they live in an anti-gay state like Virginia.  The impact on benefits under Social Security and other programs/benefits remains unclear.  One thing that is clear is that couples with civil unions and domestic partnerships will not receive federal benefits.  Here is a summary via a Washington Post story:

FEDERAL BENEFITS:
The Obama administration responded to the Supreme Court ruling by making health, vision and dental benefits available to all same-sex spouses and children of legally married federal employees. In a memo on Wednesday, OPM said those guidelines will apply to all federal workers, regardless of whether they live in states that have banned same-sex marriage — Virginia, Ohio and Mississippi, for example.

That means same sex couples living anywhere in the U.S. will qualify for federal-employee benefits as long as they hold marriage licenses from any of the 13 states that recognize same-sex marriage, as well as from the District of Columbia, which has also legalized such unions.

SOCIAL SECURITY/VETERANS BENEFITS:
Questions remain about how the administration will treat same-sex couples and domestic partners outside the federal workforce, including with Social Security, tax and veterans’ benefits. The agencies that handle those programs have not issued guidance.

OPM has given legally married same-sex couples until Aug. 26 to apply for federal-employee benefits and two years to change their status for retirement benefits.

DOMESTIC PARTNERSHIPS:
couples who are not legally married “will remain ineligible for most federal benefits programs.” However, any existing benefits provided to domestic partners will remain intact, OPM said.

Here are excerpts from OPM's July 3, 2013 Memorandum:

[A]ll legal same sex marriages that predate the decision are being treated as new marriages; enrollees will have 60 days from June 26, 2013 (i.e., until August 26, 2013) for enrollment actions.

Benefits coverage is now available to a legally married same sex spouse of a Federal employee or annuitant, regardless of the employee’s or annuitant’s state of residency.

Legal same sex marriages entered into following this decision will be treated in the same

manner as opposite sex marriages, regardless of an employee’s or annuitant’s state of residency.

Coverage is available to a legally married same -sex spouse of a Federal employee or annuitant, regardless of his or her state of residency.  This decision does not extend coverage to registered domestic partners or  individuals in civil unions.

In addition, the children of same sex marriages will be treated in the same manner as those of opposite sex marriages and will be eligible family members according to the same eligibility guidelines. This includes coverage for children of same sex spouses as stepchildren.

One thing is clear:  in Virginia and many other anti-gay states, same sex couples will continue to hold an inferior level of citizenship and will have no employment non-discrimination protections and will be deemed legal strangers under state law.  There remains much work to be done.