QUESTION 
               You asked whether the number holder (NH) and Claimant, who entered into a same-sex
                  civil partnership in England, were validly married under Florida law for purposes
                  of determining Claimant’s entitlement to Title II benefits as NH’s spouse.
               
               OPINION
               Claimant is validly married to NH under Florida law for determining Claimant’s entitlement
                  to Title II benefits as NH’s spouse.
               
               BACKGROUND
               According to the information provided, B~ (Claimant) and A~ (NH) entered into a civil
                  partnership on June XX, 2008, in L~, England. Both Claimant and NH are male. NH currently
                  receives old-age insurance benefits. On June XX, 2015, Claimant applied for Husband’s
                  Insurance Benefits (HIB) on NH’s earnings record. Claimant and NH lived in Florida
                  when Claimant filed his HIB application.
               
               DISCUSSION
               A claimant may be eligible for HIB if he is the husband of an individual entitled
                  to old-age insurance benefits. See Social Security Act (Act) § 202(c)(1); 20 C.F.R. § 404.330(a) (2015).[1] A claimant may qualify as the husband of a living insured individual if the claimant
                  is validly married to the insured individual under the laws of the State where the
                  insured individual is domiciled at the time of the claimant’s application. See Act § 216(f), (h)(1)(A)(i); 20 C.F.R. §§ 404.344, 404.345. NH lived in Florida when
                  Claimant applied for HIB on NH’s earnings record. Claimant and NH entered into a civil
                  partnership, not a marriage, under English law. Therefore, we look to Florida intestacy
                  law to determine whether the English civil partnership between Claimant and NH would
                  permit Claimant to inherit a spouse’s share of NH’s intestate property.
               
               Under Florida intestacy law, a surviving spouse is entitled to a share of the decedent’s
                  estate. See Fla. Stat. Ann. § 732.102 (West 2015). Florida courts typically base the determination
                  of whether an individual is a surviving spouse on the validity of the marriage. See, e.g., In re Estate of Perez, 470 So. 2d 48, 50 (Fla. Dist. Ct. App. 1985) (reviewing validity of marriage to determine
                  lawful spouse in intestate matter); In re Kant’s Estate, 265 So. 2d 524, 526 (Fla. Dist. Ct. App. 1972) (same). We found no Florida case
                  law specifically addressing whether a member of an English civil partnership can inherit
                  as a spouse under Florida intestacy law.
               
               Florida previously denied recognition to same-sex marriages due to statutory and State
                  Constitutional provisions, but began recognizing same-sex marriages on January 5,
                  2015. See Program Operations Manual System (POMS) GN 00210.003(A); POMS PR 05825.011. Additionally, on June 26, 2015, the U.S. Supreme Court held that same-sex couples
                  may exercise the fundamental right to marry under the United States Constitution.
                  See Obergefell v. Hodges, 576 U.S. --, 135 S. Ct. 2584, 2604-05 (2015). The Court State invalid to the extent
                  that they exclude same-sex couples from civil marriage on the same terms and conditions
                  as opposite-sex couples. Id. at 2605. The Court also reasoned that having required all States to allow same-sex
                  couples to marry, “[i]t follows that the Court also must hold—and it now does hold—that
                  there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage
                  performed in another State on the ground of its same-sex character.” Id. at 2607-08.
               
               However, questions remain whether Florida would recognize an English civil partnership
                  as a marriage. See POMS GN 00210.004(A). In Florida, the general rule is that the law of the jurisdiction in which a marriage
                  was entered determines the validity of a marriage. Anderson v. Anderson, 577 So. 2d 658, 660 (Fla. Dist. Ct. App. 1991). For example, although Florida does
                  not provide for common law marriages, it recognizes out-of-State common law marriages
                  if such marriages are sanctioned in the State in which they were formed. See, e.g., Smith v. Anderson, 821 So. 2d 323, 325 (Fla. Dist. Ct. App. 2002) (citing Anderson, 577 So. 2d at 660).
               
               Florida courts also have examined relationships from other jurisdictions that are
                  not marriages to determine whether Florida, nevertheless, would recognize the relationship
                  as a marriage. A Florida appellate court has held Florida would recognize such a relationship
                  as a marriage if the relationship is a legal union between one man and one woman as
                  husband and wife. See American Airlines, Inc. v. Mejia, 766 So. 2d 305, 307 (Fla. Ct. App. 2000).[2] In American Airlines, the court evaluated whether a Colombian Unión Marital de Hecho (“Unión”) was a marriage for Florida purposes in a wrongful death suit. Id. at 308-09. The court’s analysis compared the rights and responsibilities in the institution
                  of marriage with those of the Unión under Colombian law. Id. The court found that the Unión was not a marriage due to legal differences between
                  the two types of relationship, such as the fact that a Unión terminates upon the marriage
                  of one party to another person and the parties to the Unión have no rights of inheritance.
                  Id.
               In this case, Claimant and NH provided a certificate of civil partnership issued in
                  England in June 2008.[3] England began recognizing same-sex civil partnerships as of December 5, 2005, under
                  the Civil Partnership Act 2004. See Letter from Clare Feikert-Ahalt, Senior Foreign Law Specialist, Law Library of Cong.
                  Global Legal Research Ctr., to Karen Aviles, Office of the Gen. Counsel, Soc. Sec.
                  Admin, 1, (Aug. 2014) (attached). Entering into a civil partnership creates the same
                  legal relationship between partners as a marriage between a husband and wife, but
                  with the different terminology of “civil partners.” See id. Moreover, under the Civil Partnership Act 2004, if a civil partner dies intestate,
                  the same rules apply to the surviving civil partner as would apply in marriage to
                  a surviving spouse. See id. at 3.[4]
               Because English law mandates the same treatment for same-sex civil partners and members
                  of civil marriages, the analysis of American Airlines applied to an English civil partnership suggests Florida could recognize the English
                  civil partnership as a marriage. In American Airlines, the court made it clear that whether a Florida court will treat a relationship as
                  a marriage depends on the law in the jurisdiction in which the relationship was entered.
                  Under the analysis of American Airlines, that evaluation should focus on whether the non-marriage relationship results in
                  treating the parties the same as if they were married. Here, based on guidance from
                  the Law Library of Congress Global Legal Research Center, we conclude England’s laws
                  require that parties to civil partnerships be treated the same as those to a marriage.
                  This suggests that Florida courts could find an English civil partnership results
                  in the partners being treated as having entered a legal union between spouses. Therefore,
                  we conclude that Florida courts could find that parties to an English civil partnership
                  are married. Although Obergefell did not specifically address whether States must recognize same-sex marriages performed
                  in other countries, Florida has a history of recognizing valid foreign marriages.
                  See, e.g., Guelman, 453 So. 2d at 1160 (recognizing Bolivian marriage). Thus, because:
               
               (1) all legal rights for civil partners are the same as those for married spouses
                  so Florida courts could find the relationship created in an English civil partnership
                  is a marriage,
               
               (2) Florida now recognizes same-sex marriages from other States, and
               (3) Florida should recognize such marriages from foreign countries, we conclude Florida
                  courts could find Claimant and NH are validly married.
               
               Despite the above analysis, we caution that neither the Supreme Court of Florida nor
                  any of the Florida District Courts of Appeal have spoken on these issues and this
                  area of law in Florida is in significant flux. Consequently, our conclusions may change
                  as Florida law evolves on these issues
               
               We recognize that in the case of a non-marital legal relationship, a claimant may
                  meet the spousal relationship requirement if the claimant can inherit a spouse’s share
                  of the insured’s personal property under the intestate succession laws of the State
                  where the insured individual is living at the time of the claimant’s application.
                  See Act. § 216(h)(1)(A)(ii); 20 C.F.R. §§ 404.330(a), 404.345; POMS GN 00210.004(A), (B)(2). This deemed marriage analysis does not further the decision in this case.
                  In Florida, the right to inherit as a spouse through intestate succession depends
                  on the individual’s relationship to the decedent and the law of the country where
                  the relationship was formed controls the status of the marriage. See In re Estate of Salathe, 703 So. 2d 1167, 1169 (Fla. Dist. Ct. App. 1997). However, the intestate inheritance
                  of property is still controlled by the law where the property is located. See id. Therefore, while English law may determine whether NH and Claimant are married, Florida
                  law would still determine whether and how Claimant could inherit from NH in intestacy.
                  As such, the evaluation still relies on whether Florida would consider Claimant and
                  NH’s civil partnership a marriage and the deeming analysis provides no other avenue
                  to decide this matter.
               
               CONCLUSION
               Claimant is validly married to NH under Florida law for purposes of determining Claimant’s
                  entitlement to HIB on NH’s earnings record.
               
               Mary Ann Sloan
               Regional Chief Counsel
               By: Christopher Yarbrough
               Assistant Regional Counsel