Nadler Introduces Equal Access to Social Security Act

Legislation Will Protect Children of Same-Sex Couples

WASHINGTON, D.C. – Congressman Jerrold Nadler last week introduced the Equal Access to Social Security Act, H.R. 5152, which would amend the Social Security Act to afford same-sex couples the same benefits, responsibilities, and obligations as others who pay into Social Security.

“Same-sex couples are denied more than 1,000 federal benefits that other taxpayers are entitled to,” Congressman Nadler said.  “The Equal Access to Social Security Act addresses this inequity.  Ultimately, the only way same-sex couples will be treated equally is when they are allowed to marry – but until that can be a reality for the millions of same-sex couples in this country, we should act to make federal law fair to all.”

The Equal Access to Social Security Act would add the term “permanent partner” to the Social Security Act in addition to the terms husband and wife that are already present in the legal code.  The bill does not authorize same-sex couples to get married, but does provide them with some of the benefits married couples enjoy under the social security system.  Under H.R. 5152, children of same-sex couples would be able to collect survivor benefits in the event of a parent’s death, just as children of federally recognized married couples may do.

“I’ve heard many conservatives say that other than the case of marriage, they don’t want to discriminate against the LGBT community.  If they truly don’t want to discriminate, here is their chance to prove it,” Nadler said.  “I invite them to co-sponsor my bill to grant social security benefits to same-sex couples.  Same-sex couples pay the same taxes as married couples, and they deserve the same Social Security benefits as everyone else.”

Recognizing that the elderly often face difficuly maintaining their standard of living after a partner dies, H.R. 5152 would also entitle elderly same-sex couples to the survivor benefits offered by Social Security to heterosexual widows and widowers.

Seventeen members of Congress have cosponsored Nadler’s resolution: Representatives Tammy Baldwin, Howard Berman, John Conyers, Joseph Crowley, Rahm Emanuel, Sam Farr, Barney Frank, Raúl Grijalva, Patrick Kennedy, Barbara Lee, Carolyn Maloney, Jim McDermott, George Miller, Charles Rangel, Pete Stark, Henry Waxman, and Lynn Woolsey.

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