Navigation SAME-SEX SURVIVORS’ BENEFITS GET AWARDED
In a big win for the LGBTQ+ community, a federal district court in Washington state ruled on September 11, 2020 that a woman was eligible for survivor’s benefits on the record of her late partner, who died before same-sex marriage was legal (Thornton v. Commissioner of SSA No.C18-1409 JLR (W.D.Wa. Sept. 11, 2020)).
The plaintiff filed for benefits from her 27 year relationship with her partner who had a much stronger work record in 2015, but Social Security denied those benefits noting that they were not legally married, even though state law prevented them from marrying. The plaintiff filed suit in 2018. Judge James Robart ruled that denial of benefits violated the U.S. Constitution. Judge Robart also certified the case as a national class action for others who have sought benefits and been denied simply because they were unable to marry their partner. This will allow them an avenue to make claim for those benefits.
