Issues:
(1) Is the marriage between Felicia and her half-brother Walter, Jr., valid under
the laws of Vermont?
(2) If not, can the marriage between Felicia and her half-brother Walter, Jr., be
considered a “deemed marriage” for purposes of title II of the Social Security Act?
Short Answer
(1) No – Vermont law prohibits marriage between siblings, and past court decisions
have interpreted siblings to include “half-siblings”.
(2) No – the marriage between Felicia and Walter would not have resulted in a valid
marriage but for a procedural defect, as required to establish a “deemed marriage”
for title II purposes. The marriage was prohibited by law and void from the outset
based on the family relationship between the two parties.
Background
On July 6, 2013, numberholder Felicia married numberholder Walter, Jr., in Bennington,
Vermont. Walter is Felicia half-brother, a fact that she claims to have discovered
only after the marriage. She has provided a sworn statement to the Social Security
Administration (SSA), dated December 19, 2013, indicating that she was unaware of
her kinship to Walter prior to entering the marriage, and that after learning of their
relationship, she continued to be a part of the marriage. Felicia is entitled to title
II childhood disability benefits (CDB) and she currently receives title XVI benefits. Walter
has applied for title II disability benefits on his own record, and has also filed
for title XVI benefits. Both claims are currently pending a medical decision. The
Center for Programs Support has asked whether their marriage is valid under Vermont
law, and if not, whether it can be considered a “deemed marriage” for title II purposes.
Applicable Law
Section 216 of the Social Security Act (the Act) sets forth the applicable definitions
for determining family status under the Act. See 42 U.S.C. § 416(h). As relevant here, the Act explains that an applicant is the wife
or husband of an insured individual for title II purposes if the courts in the state
in which the applicant is domiciled at the time the application is filed would find
the applicant and the insured to be married at the time the application was filed. See 42 U.S.C. § 416(h)(1)(a).
Alternatively, the applicant and the insured individual shall be “deemed” to be in
a valid marriage if:
such applicant in good faith went through a marriage ceremony with such individual
resulting in a purported marriage between them, which, but for a legal impediment not known to the applicant at the time of such ceremony, would have been a valid marriage…
42 U.S.C. § 416(h)(1)(B)(i) (emphasis added).
The governing regulations mirror the language in section 216, but provide additional
interpretive detail. See 20 C.F.R. §§ 404.345, 404.346. Section 404.345 explains that the laws of the state
where the insured was domiciled at the time of the application will determine whether
the applicant is a wife or husband of the insured. See 20 C.F.R. § 404.345. Section 404.346 reiterates that a “deemed valid marriage” requires
that the applicant went through a marriage ceremony in good faith and that the ceremony
“would have resulted in a valid marriage except for a legal impediment.” See 20 C.F.R. § 404.346. The regulation explains that a “legal impediment” “includes
only an impediment which results because a previous marriage had not ended at the
time of the ceremony or because there was a defect in the procedure followed in connection with the intended marriage.” 20 C.F.R. § 404.346(a) (emphasis
added). In turn, the regulation provides as an example of a “defect in the procedure”
a circumstance in which a marriage was performed through a religious ceremony in a
country that requires a civil ceremony for a valid marriage. Id.
Analysis
(1) The marriage between Felicia and Walter is not a valid marriage under Vermont
law.
Felicia and Walter were domiciled in Bennington, Vermont at the time Walter protectively
filed his application for benefits on October 8, 2013. Vermont law expressly prohibits
marriage between a person and his or her “parent, grandparent, child, grandchild,
sibling, sibling’s child, or parent’s sibling.” See Vt. Stat. Ann. tit. 15, § 1a (2013). Though “sibling” is not defined in the Vermont
statutory provisions relating to marriage, Vermont cases have interpreted “sibling”
to mean “half-siblings” in criminal cases involving prosecutions for intermarriage
or fornication by persons prohibited to marry. See Vt. Stat. Ann. tit. 13, § 205. Vermont law makes it a crime punishable by fine or
imprisonment to intermarry or fornicate with a person whom that person is prohibited
to marry under Vermont law. See id. The Vermont Supreme Court held in a decision from 1887 that the “sibling” provision
of the intermarriage criminal statute included siblings of the “half-blood”. See State v. Wyman, 8 A. 900, 901 (Vt. 1887). The decision has not been overturned or circumscribed. The
interpretation of “sibling” as including “half-blood” siblings arises from ecclesiastical
law and its subsequent adoption into English common law. That interpretation was
adopted and incorporated by the American colonies. See, e.g., Singh v. Singh, 569 A.2d 1112, 1115-18 (Conn. 1990) (discussing the history of laws prohibiting
marriage between relatives and explaining the widespread agreement that a relationship
“of the half blood [was to be treated] like that of the whole blood.”); see also Commonwealth v. Ashley, 142 N.E. 788 (Mass. 1924) (discussing English common law origins of prohibition
on marriage between relatives and explaining that English common law “treat[ed] the
half blood relation like the whole blood.”). Thus, despite the archaic origin of
the Vermont prohibition on marriage between half-blood relatives, the legal authorities
are quite clear that, in the context of persons prohibited from marrying, “siblings”
includes siblings of the half blood. See W~, 8 A. at 901; S~, 569 A.2d at 1115-18; A~, 142 N.E. at 789. Because the laws of Vermont prohibit the marriage between Felicia
and Walter, the marriage is not valid under Vermont law. See 20 C.F.R. § 404.345.
(2) The marriage between Felicia and Walter cannot be considered a “deemed marriage”
under the Social Security Act.
When an applicant for benefits is not validly married under the laws of the applicable
state, the Social Security Act provides an alternative method for “deeming” the parties
to be married for purposes of the Act. The Act explains that SSA will “deem” the parties
married when
such applicant in good faith went through a marriage ceremony with such individual
resulting in a purported marriage between them, which, but for a legal impediment not known to the applicant at the time of such ceremony, would have been a valid marriage…
42 U.S.C. § 416(h)(1)(B)(i) (emphasis added).
The Agency’s interpreting regulation of this provision provides additional guidance,
explaining that “legal impediment” “includes only an impediment which results because
a previous marriage had not ended at the time of the ceremony or because there was a defect in the procedure followed in connection with the intended marriage.” 20 C.F.R. § 404.346(a) (emphasis
added). The marriage between Felicia and Walter is not invalid because a previous
marriage had not ended at the time of the ceremony. Thus, for their otherwise invalid
marriage to be a “deemed” marriage for purposes of the Act, the marriage must be invalid
only because of a legal impediment unknown to the applicant at the time of the marriage
ceremony. See 42 U.S.C. § 416(h)(1)(B)(i); 20 C.F.R. § 404.346(a). The governing regulation explains
that the legal impediment must arise “because there was a defect in the procedure
followed in connection with the intended marriage” and provides as an example of such
a defect a situation where the applicant was married in a religious ceremony in a
country that requires a civil ceremony. See 20 C.F.R. § 404.346(a). The situation involving the applicant in this case differs
materially. There are no circumstances under which Felicia and Walter could be legally
married as half-siblings in the state of Vermont. See Vt. Stat. Ann. tit. 15, § 1a (2013). Even if they strictly followed every law, regulation,
and rule to effectuate a legal marriage in Vermont, as half-siblings, their marriage
is expressly prohibited by law, and indeed, punishable as a crime. Id.; Vt. Stat.
Ann. tit. 13, § 205; W~, 8 A. at 901. The facts of their case are very sympathetic – it is undoubtedly a
very disturbing and disruptive event to learn only after the ceremony that your spouse
is your half-sibling. Unfortunately for the applicant, the negative effects of this
relationship extend to the realm of Social Security law. The marriage between Felicia
and Walter cannot be considered a “deemed marriage” for purposes of title II of the
Social Security Act.
CONCLUSION
The marriage between Felicia and Walter is invalid under the law of the State of Vermont,
and cannot be considered a “deemed marriage” for purposes of title II of the Social
Security Act.
Frank Cristaudo
Acting Regional Chief Counsel
By:__________________________
Sean Santen
Assistant Regional Counsel