TN 22 (07-15)

GN 00210.003 Same-Sex Marriage – Dates States Permitted or Recognized Same-Sex Marriage

A. State chart for same-sex marriage permission and recognition

Consult this chart to determine:

  • the date(s) when the states permitted same-sex marriages; and

  • the dates states recognize same-sex marriages.

NOTE: For state-specific guidance, always refer to GN 00210.003B in this section before using this chart.

NOTE: For SSI claims, appeals, and post-eligibility actions, also refer to GN 00210.800 and EM-15016 for more information.

COLUMN I

COLUMN II

COLUMN III

State

Date Same-Sex Marriages Were Permitted in the State

Date Same-Sex Marriages from Other States Were Recognized

Alabama

February 9, 2015

February 9, 2015

Alaska

October 17, 2014

October 17, 2014

Arizona

October 17, 2014

October 17, 2014

Arkansas

If a claimant alleges a same-sex marriage celebrated in Arkansas before June 26, 2015, hold the claim per GN 00210.005.

June 26, 2015 - present

June 26, 2015

California

(See GN 00210.003B.1.)

June 16, 2008 – November 4, 2008

June 26, 2013 - present

June 16, 2008 – November 4, 2008

June 26, 2013 - present

Colorado

(See GN 00210.003B.2.)

June 25, 2014 - July 18, 2014

October 6, 2014 - present

June 25, 2014 - July 18, 2014

October 6, 2014 - present

Connecticut

November 12, 2008

November 12, 2008

Delaware

July 1, 2013

July 1, 2013

District of Columbia

March 9, 2010

July 7, 2009

Florida

January 5, 2015

January 5, 2015

Georgia

June 26, 2015

June 26, 2015

Hawaii

December 2, 2013

December 2, 2013

Idaho

October 15, 2014

October 15, 2014

Illinois

December 16, 2013

February 21, 2014

Indiana

(See GN 00210.003B.3.)

June 25 – June 27, 2014

October 6, 2014 — present

June 25 — June 27, 2014

October 6, 2014 — present

Iowa

April 20, 2009

April 30, 2009

Kansas

November 12, 2014

November 12, 2014

Kentucky

June 26, 2015

June 26, 2015

Louisiana

June 26, 2015

June 26, 2015

Maine

December 29, 2012

December 29, 2012

Maryland

January 1, 2013

February 23, 2010

Massachusetts

May 17, 2004

May 17, 2004

Michigan

(See GN 00210.003B.4.)

March 21 – 22, 2014

June 26, 2015 - present

March 21 – 22, 2014

June 26, 2015 - present

Minnesota

August 1, 2013

August 1, 2013

Mississippi

June 26, 2015

June 26, 2015

Missouri

If a claimant alleges a same-sex marriage celebrated in Missouri before June 26, 2015, hold the claim per GN 00210.005.

June 26, 2015 - present

October 6, 2014

Montana

November 19, 2014

November 19, 2014

Nebraska

June 26, 2015

June 26, 2015

Nevada

October 9, 2014

October 9, 2014

New Hampshire

January 1, 2010

January 1, 2010

New Jersey

(See GN 00210.003B.5.)

October 21, 2013

October 21, 2013

February 19, 2007 - October 20, 2013 Recognizes same-sex marriages from other states as civil unions.

New Mexico

August 21, 2013

If a claimant alleges a same-sex marriage celebrated in New Mexico based on a marriage license issued by Sandoval County in 2004, hold the claim per GN 00210.005.

January 4, 2011

New York

July 24, 2011

February 1, 2008

North Carolina

October 10, 2014

October 10, 2014

North Dakota

June 26, 2015

June 26, 2015

Ohio

June 26, 2015

June 26, 2015

Oklahoma

October 6, 2014

October 6, 2014

Oregon

May 19, 2014

October 16, 2013

Pennsylvania

May 20, 2014

If a claimant alleges a same-sex marriage celebrated in Pennsylvania based on a marriage license issued prior to this date, hold the claim per GN 00210.005.

May 20, 2014

Rhode Island

August 1, 2013

February 20, 2007

South Carolina

November 19, 2014

November 19, 2014

South Dakota

June 26, 2015

June 26, 2015

Tennessee

June 26, 2015

June 26, 2015

Texas

June 26, 2015

June 26, 2015

Utah

(See GN 00210.003B.6.)

December 20, 2013 – January 6, 2014

October 6, 2014 — present

December 20, 2013 – January 6, 2014

October 6, 2014 — present

Vermont

September 1, 2009

September 1, 2009

Virginia

October 6, 2014

October 6, 2014

Washington

December 6, 2012

December 6, 2012

West Virginia

October 9, 2014

October 9, 2014

Wisconsin
(See GN 00210.003B.7.)

June 6 – June 13, 2014

October 6, 2014 — present

June 6 – June 13, 2014

October 6, 2014 — present

Wyoming

October 21, 2014

October 21, 2014

B. State-specific guidance

1. California

California recognizes same-sex marriages celebrated in California as valid from June 16, 2008 to present.

For example, if a claimant married a number holder (NH) in California on October 30, 2008, and the NH died while domiciled in California on October 30, 2011, we would recognize the marriage as having duration of three full years for purposes of determining the claimant’s entitlement to survivor benefits or the lump sum death payment.

2. Colorado

Colorado permitted same-sex marriages and recognized same-sex marriages from other states for a closed period from June 25, 2014 through and including July 18, 2014. Beginning on October 6, 2014, Colorado again permitted and recognized same-sex marriages.

Using instructions in GN 00210.005, hold all Title II claims and appeals for which entitlement depends on a same-sex marriage and a NH who died while domiciled in Colorado from July 19, 2014 through and including October 5, 2014.

If you are holding a claim according to this instruction, send an email message to ^Windsor Policy Questions with, simply, “Windsor Claim Hold – Colorado” in the subject line, and the SSN of the NH in the body of the message.

For more information about determining marital status for Colorado, refer to EM-15015.

3. Indiana

Indiana permitted same-sex marriages and recognized same-sex marriages from other states for a closed period from June 25, 2014, through and including June 27, 2014. Beginning on October 6, 2014, Indiana again permitted and recognized same-sex marriages.

Using instructions in GN 00210.005, hold all Title II claims and appeals for which entitlement depends on a same-sex marriage and a NH who died while domiciled in Indiana from June 28, 2014 through and including October 5, 2014.

If you are holding a claim according to this instruction, send an email message to ^Windsor Policy Questions with, simply, “Windsor Claim Hold – Indiana” in the subject line, and the SSN of the NH in the body of the message.

For more information about determining marital status for Indiana, refer to EM-15003.

4. Michigan

On March 21 and 22, 2014, and beginning again on June 26, 2015, Michigan permitted same-sex marriages and recognized same-sex marriages validly celebrated in other states.

a. Instructions for processing Title XVI claims, appeals, and post-entitlement actions involving same-sex marriage in Michigan

  1. When a same-sex couple makes a permanent home in Michigan

    A same-sex couple who celebrated a marriage in Michigan on March 21 or 22, 2014, or between June 26 and 30, 2015, and who make their permanent home in Michigan is married for SSI purposes effective July 2015.

    A same-sex couple who celebrated a marriage on July 1, 2015 or later and who make their permanent home in Michigan is married for SSI purposes effective with the month after the month in which they celebrated their marriage.

    A same-sex couple who validly married in a state other than Michigan and who make their permanent home in Michigan is married for SSI purposes effective July 2015 or the month after the month they celebrated their marriage, whichever is later.

    Do not consider a same-sex couple who make their permanent home in Michigan married for any month earlier than July 2015. Treat them as individuals for payment computation and deeming purposes during those months.

  2. When a same-sex couple makes a permanent home outside of Michigan

    If an applicant or recipient who celebrated a same-sex marriage in Michigan on March 21 or 22, 2014 or after June 25, 2015 makes a permanent home in a state outside of Michigan, consider the Michigan marriage valid. To determine when the same-sex marriage is recognized in the state of permanent home, refer to GN 00210.800 and GN 00210.003A in this section.

b. Instructions for processing Title II claims and appeals involving same-sex marriage in Michigan

  1. When the NH is domiciled in Michigan

    For applications filed or pending on March 21 or 22, 2014, and for applications filed or pending on June 26, 2015, or later, involving a NH domiciled in Michigan during those dates, consider Michigan as a state that recognizes same-sex marriage.

    For applications based on a same-sex marriage of a NH who died while domiciled in Michigan on March 21 or 22, 2014, or on June 26, 2015 or later, consider Michigan as a state that recognizes same-sex marriage.

    Using instructions in GN 00210.005, hold all Title II claims and appeals for which entitlement depends on a same-sex marriage and a NH who died while domiciled in Michigan from March 23, 2014, through and including June 25, 2015.

    If you are holding a claim according to this instruction, send an email message to ^Windsor Policy Questions with, simply, “Windsor Claim Hold – Michigan” in the subject line, and the SSN of the NH in the body of the message.

  2. When the Title II application is based on a same-sex marriage celebrated in Michigan where the NH is domiciled or died while domiciled in another state

    If a NH is domiciled or died domiciled in a state other than Michigan, and a claim is based on a same-sex marriage celebrated in Michigan on March 21 or 22, 2014, or on June 26, 2015 or later, consider the Michigan marriage validly celebrated. To determine when the same-sex marriage is recognized in the state of domicile, follow the instructions in GN 00210.002.

5. New Jersey

New Jersey permits same-sex marriages and recognizes same-sex marriages from other states beginning October 21, 2013.

New Jersey also recognizes same-sex marriages from other states as civil unions from February 19, 2007 through and including October 20, 2013. For more information about recognizing such civil unions for benefits purposes, refer to GN 00210.004.

For more information about determining marital status for New Jersey, refer to EM-13053

6. Utah

Utah permitted same-sex marriages and recognized same-sex marriages from other states for a closed period from December 20, 2013 through and including January 6, 2014. Beginning on October 6, 2014, Utah again permitted and recognized same-sex marriages.

Using instructions in GN 00210.005, hold all Title II claims and appeals for which entitlement depends on a same-sex marriage and a NH who died while domiciled in Utah from January 7, 2014, through and including October 5, 2014.

If you are holding a claim according to this instruction, send an email message to ^Windsor Policy Questions with, simply, “Windsor Claim Hold – Utah” in the subject line, and the SSN of the NH in the body of the message.

For more information about determining marital status for Utah, refer to EM-14061.

7. Wisconsin

Wisconsin permitted same-sex marriages and recognized same-sex marriages from other states for a closed period from June 6, 2014 through and including June 13, 2014. Beginning on October 6, 2014, Wisconsin again permitted and recognized same-sex marriages.

Using instructions in GN 00210.005, hold all Title II claims and appeals for which entitlement depends on a same-sex marriage and a NH who died while domiciled in Wisconsin from June 14, 2014 through and including October 5, 2014.

If you are holding a claim according to this instruction, send an email message to ^Windsor Policy Questions with, simply, “Windsor Claim Hold – Wisconsin” in the subject line, and the SSN of the NH in the body of the message.

For more information about determining marital status for Wisconsin, refer to EM-15004.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200210003
GN 00210.003 - Same-Sex Marriage - Dates States Permitted or Recognized Same-Sex Marriage - 04/30/2015
Batch run: 07/06/2015
Rev:07/06/2015