Question Presented
               Whether G~ (the claimant) and number holder (NH) W~, who entered in to a Registered
                  Partnership in Austria, are validly married for the purpose of determining the claimant’s
                  entitlement to Title II benefits under the Social Security Act (“Act”). If they cannot
                  be considered validly married, can the agency deem the couple as married for the purpose
                  of determining such entitlement as a spouse?
               
               Short Answer
               The claimant and the NH are not validly married under Title II of the Act. However,
                  the agency can deem the couple as married for the purpose of Title II benefits on
                  the basis that the Austrian Registered Partnership provides the claimant the same
                  status as a spouse under Austrian intestacy laws.
               
               Background
               The claimant and the NH, a same-sex couple who reside in Austria, obtained an Austrian
                  Partnership Certificate on April XX, 2013. The claimant applied for Social Security
                  benefits as the NH’s spouse on May XX, 2015.
               
               Analysis[1]
               To be entitled to spouse’s benefits under the Act, a claimant must show that, among
                  other things, he or she is the “husband” or “wife” of an insured number holder.[2] See 42 U.S.C. §§ 402(b), (c), 416(a)(1); 20 C.F.R. § 404.330. The claimant bears the
                  burden of proving that he or she is in a valid marital relationship with the insured
                  and is therefore the insured’s spouse. See 20 C.F.R §§ 20 C.F.R. §§ 404.345, 404.704, 404.723, 404.725. As pertinent here, the
                  Act provides two methods for a claimant to show that he or she is the husband or wife
                  of an insured who is domiciled outside the United States.[3] First, a claimant is the husband or wife of such insured if, among other things,
                  the courts of the District of Columbia would find that the claimant was validly married
                  to the insured at the time he or she applied for benefits. See 42 U.S.C. § 416(h)(1)(A)(i); 20 C.F.R. § 404.345. Second, even if a claimant was
                  not validly married to such insured at the time he or she applied for benefits, he
                  or she will be deemed to be the insured’s husband or wife if, under the law applied
                  by the courts of the District of Columbia in determining the devolution of intestate
                  personal property, he or she would have the “same status” as a husband or wife of
                  the insured with respect to the taking of such property. See 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345. [2]
               
               Validity of Same-Sex Marriage under the Law of the District of Columbia
                     
               Under the law of the District of Columbia, the validity of a marriage is determined
                  by the law of the jurisdiction where the marriage was entered into. See McConnell
                     v. McConnell, 99 F. Supp. 493, 494 (D.D.C. 1951); Carr v.
                     Varr, 82 F. Supp. 398 (D.D.C. 1949); Gerardi v.
                     Gerardi, 69 F. Supp. 296 (D.D.C. 1946). The only exception is when the marriage is in violation
                  of strong public policy of the District of Columbia. Hitchens v. Hitchens, 47 F. Supp. 73, 74 (D.D.C. 1942). As pertinent here, the District of Columbia began
                  recognizing as valid same-sex marriages entered into in other jurisdictions beginning
                  on July 7, 2009. [4] See Section 1287a of the Jury and Marriage Amendment Act of 2009, D.C. Code § 46-405.01
                  (“A marriage legally entered into in another jurisdiction between 2 persons of the
                  same sex that is recognized as valid in that jurisdiction, that is not expressly prohibited
                  . . . , and has not been deemed illegal . . . , shall be recognized as a marriage
                  in the District.”). Accordingly, the recognition of same-sex marriages performed in
                  other jurisdictions does not appear to violate a strong public policy of the District.
                  Therefore, we next must examine the validity of same-sex marriage under the law of
                  Austria.
               
               The Claimant is not Validly Married to the NH under Austrian
                     Law
               According to Austrian law, a marriage contract is restricted to two people of the
                  opposite sex.[5] The Austrian Constitutional Court has upheld this restriction.[6] Therefore, same-sex couples cannot legally marry in Austria.
               
               However, same-sex couples have the option of entering in to a Registered Partnership
                  in order to “commit themselves to a lasting relationship with mutual rights and obligations.”
                  [7] The Registered Partnership Act, which entered in to force on January 1, 2010, governs
                  the creation, legal effects, and dissolution of these same-sex partnerships.[8] The couple received their Partnership Certificate on April XX, 2013.
               
               The Claimant has the Same Status as a Spouse of the NH under Austrian
                     Intestacy Law 
               Since the claimant is not validly married to the NH, the agency will deem the couple
                  to be married if, under the law applied by the courts of the District of Columbia
                  in determining the devolution of intestate personal property, the claimant would have
                  the “same status” as a spouse of the NH with respect to the taking of such property,
                  if the NH were to die. See 42 U.S.C § 46(h)(1)(A)(ii); 20 C.F.R. § 404.345. Under District of Columbia law,
                  intestate inheritance rights are determined by the law of the decedent’s domicile.
                  Javier v. Comm’r of Soc. Sec., 407 F.3d 1244, 1247 (D.D.C. 2005) (citing In re Gray’s Estate, 168 F. Supp. 124 (D.D.C. 1958)).
               
               Here, the NH is domiciled in Austria. Accordingly, to determine whether the claimant
                  would have the requisite status with respect to inheritance of the NH’s intestate
                  property, we apply the law of Austria.
               
               The claimant and NH have a recognized Registered Partnership under Austrian law. The
                  Austrian civil code at Section 537a provides that the inheritance law provisions for
                  married couples are applicable to registered partners.[9] Therefore, the claimant has the same status as a spouse under Austrian intestacy
                  law, and the agency will deem the couple to be married.
               
               CONCLUSION
               Although the claimant’s relationship with the NH would not be recognized as a valid
                  marriage, the claimant has the same status as a spouse of the NH under the law of
                  Austria. Thus the agency can deem the couple married for Title II purposes.