TN 10 (06-14)

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

A. State Chart for Same-sex Marriage Permission and Recognition

As set out in GN 00210.002, consult this chart to determine:

  • which states have laws permitting same-sex marriages;

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

  • the dates states recognize same-sex marriages.

COLUMN I

COLUMN II

COLUMN III

State

Date Same-Sex Marriages Were Permitted in the State

Date Same-Sex Marriages from Any Other State Were Recognized

Alabama

February 9, 2015

February 9, 2015

Alaska

October 17, 2014

October 17, 2014

Arizona

October 17, 2014

October 17, 2014

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

October 7, 2014

October 7, 2014

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

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.2.)

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

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.3.)

March 21 – 22, 2014

March 21 – 22, 2014

Minnesota

August 1, 2013

August 1, 2013

Missouri

Hold claims involving a same-sex marriage celebrated in Missouri per instructions in GN 00210.005.

October 6, 2014

Montana

November 19, 2014

November 19, 2014

Nevada

October 9, 2014

October 9, 2014

New Hampshire

January 1, 2010

January 1, 2010

New Jersey

October 21, 2013

Continue to hold per instructions in GN 00210.005.

New Mexico

August 21, 2013

Per GN 00210.005, hold all claims in which same-sex couples allege a ceremonial marriage in New Mexico based on a marriage license issued by Sandoval County in 2004.

January 4, 2011

New York

July 24, 2011

February 1, 2008

North Carolina

October 10, 2014

October 10, 2014

Oklahoma

October 6, 2014

October 6, 2014

Oregon

May 19, 2014

October 16, 2013

Pennsylvania

May 20, 2014

Per GN 00210.005, hold all claims in which same-sex couples allege a marriage in Pennsylvania based on a marriage license issued prior to this date.

May 20, 2014

Rhode Island

August 1, 2013

February 20, 2007

South Carolina

November 20, 2014

November 20, 2014

Utah

(See GN 00210.003B.4)

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.5)

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 marriages

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. Indiana – Number holders who died while domiciled in Indiana between June 28, 2014 and October 5, 2014.

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 between June 28, 2014 and 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.

3. Michigan marriages

For two days, March 21 and 22, 2014, Michigan permitted same-sex couples to marry. We can now process claims and appeals involving this time period

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

For SSI purposes, a couple must be married as of the first moment of the month. Therefore, do not consider an SSI recipient or applicant married for the month of March 2014, based on a valid marriage in Michigan, or based on a permanent home in Michigan in March 2014.

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

  1. For Title II applications pending on March 21 or 22, 2014.

    For Title II applications filed or pending on March 21 or 22, 2014, and based on the marriage of a NH domiciled in Michigan, consider Michigan a state that recognized same-sex marriage.

  2. For Title II applications where the NH died on March 21 or 22, 2014.

    For Title II applications based on the same-sex marriage of a NH who died while domiciled in Michigan on March 21 or 22, 2014, consider Michigan a state that recognized the same-sex marriage.

  3. For Title II applications filed on or after March 23, 2014 with NH domiciled in Michigan.

    For Title II applications filed on or after March 23, 2014, based on the same-sex marriage of a NH who is domiciled in Michigan, do NOT consider Michigan a state that recognizes the marriage for benefits purposes.

  4. For Title II applications based on a same-sex marriage from Michigan where the NH is domiciled, or died while domiciled in other states.

    If the NH is domiciled or died domiciled in a state that recognizes same-sex marriage, and a Title II application is filed based on a same-sex marriage celebrated on March 21 or 22, 2014, in Michigan, consider the Michigan marriage recognized for benefits purposes.

    EXAMPLE:

    Louis entered a same-sex marriage with Maurice in Michigan on March 21, 2014. Louis and Maurice then moved to Massachusetts and established domicile there. While domiciled in Massachusetts, Maurice filed for aged spouse benefits based on Louis’s record. We find that the marriage was validly celebrated in Michigan and recognized by Massachusetts at the time of the application. We recognize the marriage for purposes of determining entitlement to benefits.

Reference:

GN 00210.002 Same-Sex Marriage - Determining Marital Status for Title II and Medicare Benefits

EM-14052 Changes to policy involving same-sex marriage in Michigan One-Time-Only Instruction

4. Utah -- Number holders who died while domiciled in Utah between January 7, 2014 and October 5, 2014.

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 between January 7, 2014 and 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.

5. Wisconsin -- Number holders who died while domiciled in Wisconsin between June 14, 2014 and October 5, 2014.

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 between June 14, 2014 and 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.


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 - 10/31/2014
Batch run: 02/11/2015
Rev:02/11/2015