On Wednesday, Nov. 3, many progressives are feeling a mix of frustration and stress about election results. It’s good, normal, and important to process and accept where things didn’t go our way—and it’s also good, normal, and important to celebrate some good news where we can.
As reported by LGBTQ Nation, the Biden administration has allowed LGBTQ+ seniors to access Social Security survivor benefits, just like folks in heterosexual relationships. To give you some context of how much this payout tends to be, the average is more than $1,000 per month. So, not something to sneer at, especially if you're older, retired, or live with disabilities.
As some background, the Trump administration filed not one but two legal appeals to stop widows from getting the payout they were rightfully entitled to after the death of their loved ones, like spouses and partners. As of Monday, Nov. 1, the Biden administration dismissed both appeals. To understand why this victory is so major—and such a long time coming—let’s look at the two lead plaintiffs below.
To contextualize the full impact of this win, we have to look at the fight for marriage equality on both the state and federal levels. Lambda Legal, an LGBTQ+ advocacy organization, represented the two widows in the case, ultimately arguing that same-sex couples either couldn’t be married, or couldn’t be married the “right” amount of time, because their partners or spouses died before their unions could be legally recognized.
First, let’s take widow Michael Ely (Ely v. Saul) as an example of how complicated (and unfair) this whole process has been for queer couples. Ely, an openly gay man, married his spouse as soon as legally possible in 2014 (per their state of Arizona), but because Ely’s spouse died six months later—before their marriage lasted the length of the time needed to qualify for benefits (nine months)—Ely didn’t qualify. They had been together for more than 40 years. If they were a heterosexual couple, they theoretically could have been married long before 2014 and qualified for the benefits. Confusing, yes. Unfair? Absolutely.
The other plaintiff, Helen Thorton (Thorton v. Saul), was denied benefits after her partner of more than 25 years died in 2006. At that point, Washington state did not recognize marriage equality, and thus she was told she wasn’t eligible. Again, deeply unfair.
How did the Trump administration become involved in these cases? In Thorton’s case, a district judge ordered the SSA to give Thorton the benefits she was entitled to, arguing that the SSA couldn’t fairly use the state’s former ban on same-sex marriage to deny folks benefits as the ban itself was discriminatory. In Ely’s case, a federal judge argued that the nine-month qualifying time was unconstitutional in the state of Arizona. So, both victories that the Trump administration tried to stomp out.
The Trump administration argued that maintaining the refusal of benefits for same-sex couples who weren’t legally married (or weren’t legally married for long enough, like in Ely’s case) was important because it helped to reduce the risk of fraudulent marriages. The Trump administration filed appeals in both Thorton and Ely’s cases.
And now, the Biden administration has dismissed both appeals, letting the rulings stand.
Per a press release from Lambda Legal, Thorton said she’s “relieved” that the government will finally respect her relationship with her late partner, Margie. “Marriage equality came too late for many of us, but it was not too late to fix this problem involving survivor’s benefits,” she stated. “I hope everyone who has been harmed by this problem, but never dared to apply for benefits, understands that this development is a game-changer. The pathway is now finally open to everyone.”
Ely expressed similar gratitude and relief, noting that one of his husband’s last hopes was that Ely would be able to access benefits. “I can finally breathe a sigh of relief that these benefits are now finally secure,” he said. “Not only for me, but for everyone else who found themselves in the same boat.”
Sign the petition: Demand the Senate pass the Equality Act and protect the LGBTQ community from discrimination.
As reported by LGBTQ Nation, the Biden administration has allowed LGBTQ+ seniors to access Social Security survivor benefits, just like folks in heterosexual relationships. To give you some context of how much this payout tends to be, the average is more than $1,000 per month. So, not something to sneer at, especially if you're older, retired, or live with disabilities.
As some background, the Trump administration filed not one but two legal appeals to stop widows from getting the payout they were rightfully entitled to after the death of their loved ones, like spouses and partners. As of Monday, Nov. 1, the Biden administration dismissed both appeals. To understand why this victory is so major—and such a long time coming—let’s look at the two lead plaintiffs below.
To contextualize the full impact of this win, we have to look at the fight for marriage equality on both the state and federal levels. Lambda Legal, an LGBTQ+ advocacy organization, represented the two widows in the case, ultimately arguing that same-sex couples either couldn’t be married, or couldn’t be married the “right” amount of time, because their partners or spouses died before their unions could be legally recognized.
First, let’s take widow Michael Ely (Ely v. Saul) as an example of how complicated (and unfair) this whole process has been for queer couples. Ely, an openly gay man, married his spouse as soon as legally possible in 2014 (per their state of Arizona), but because Ely’s spouse died six months later—before their marriage lasted the length of the time needed to qualify for benefits (nine months)—Ely didn’t qualify. They had been together for more than 40 years. If they were a heterosexual couple, they theoretically could have been married long before 2014 and qualified for the benefits. Confusing, yes. Unfair? Absolutely.
The other plaintiff, Helen Thorton (Thorton v. Saul), was denied benefits after her partner of more than 25 years died in 2006. At that point, Washington state did not recognize marriage equality, and thus she was told she wasn’t eligible. Again, deeply unfair.
How did the Trump administration become involved in these cases? In Thorton’s case, a district judge ordered the SSA to give Thorton the benefits she was entitled to, arguing that the SSA couldn’t fairly use the state’s former ban on same-sex marriage to deny folks benefits as the ban itself was discriminatory. In Ely’s case, a federal judge argued that the nine-month qualifying time was unconstitutional in the state of Arizona. So, both victories that the Trump administration tried to stomp out.
The Trump administration argued that maintaining the refusal of benefits for same-sex couples who weren’t legally married (or weren’t legally married for long enough, like in Ely’s case) was important because it helped to reduce the risk of fraudulent marriages. The Trump administration filed appeals in both Thorton and Ely’s cases.
And now, the Biden administration has dismissed both appeals, letting the rulings stand.
Per a press release from Lambda Legal, Thorton said she’s “relieved” that the government will finally respect her relationship with her late partner, Margie. “Marriage equality came too late for many of us, but it was not too late to fix this problem involving survivor’s benefits,” she stated. “I hope everyone who has been harmed by this problem, but never dared to apply for benefits, understands that this development is a game-changer. The pathway is now finally open to everyone.”
Ely expressed similar gratitude and relief, noting that one of his husband’s last hopes was that Ely would be able to access benefits. “I can finally breathe a sigh of relief that these benefits are now finally secure,” he said. “Not only for me, but for everyone else who found themselves in the same boat.”
Sign the petition: Demand the Senate pass the Equality Act and protect the LGBTQ community from discrimination.