We recognize marriages between individuals of the same sex for SSI purposes in all
states. We recognize a valid same-sex marriage as of the date of the marriage, including
dates before the June 26, 2015 Obergefell decision.
When selecting the month to apply a finding of a same-sex marriage for SSI deeming
purposes, or to apply the SSI eligible couple’s payment rate and resource limit to
a member of a same-sex couple, do not consider:
the date of the Windsor Supreme Court decision, June 26, 2013;
the date of the Obergefell Supreme Court decision, June 26, 2015; or
the date that the laws of the state where the couple make or made their permanent
home first recognized same-sex marriages performed in that state or in any other jurisdiction.
To determine marital status, refer to SI 00501.150 Determining Whether a Marital Relationship Exists and SI 00501.152 Determining Whether Two Individuals Are Holding Themselves Out as a Married Couple.
For marriages and relationships established in foreign jurisdictions, also refer to
GN 00210.006 Same-Sex Marriages and Non-Marital Legal Relationships Established in Foreign Jurisdictions.