Some states’ laws did not permit same-sex marriages and did not recognize same-sex
marriages from other states.
On June 26, 2015, the U.S. Supreme Court held that same-sex couples have a constitutional
right to marry in all states, and have their valid marriages recognized by all states.
You may reopen determinations or decisions, under normal reopening procedures where
the agency’s decision or determination:
Did not recognize a same-sex marriage because state law prohibited same-sex marriages
or prohibited recognition of same-sex marriages from other states; and
Non-recognition of the same-sex marriage affected eligibility, entitlement, or payment
When we applied a law that the U.S. Supreme Court later found unconstitutional, see
information about reopening determinations or decisions. For Title II, refer to GN 04010.020; and for Title XVI, see SI 04070.010.
For more information about determining the marital status of same-sex couples, for
Title II refer to GN 00210.002 and for Title XVI, see GN 00210.800.