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Denial of Social Security Survivor Benefits for Same-Sex Widow Challenged in Court

Gavel-marriageKathy Barker legally married her wife Sara in 2010 in Massachusetts. Sara died from cancer in 2012 and Barker now lives in Texas. Barker applied for and expected to get Social Security survivor benefits, but was denied benefits by the Social Security Administration due to the fact that Texas does not recognize same-sex marriage. Texas is currently one of 18 states that do not recognize same-sex marriages. Last week, Lambda Legal filed suit in a federal court in Washington, D.C. arguing that the policy is unconstitutional.

See Kenneth Jost, Supreme Court Keeps a Widow Waiting, Jost on Justice, Oct. 26, 2014.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.