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9-11 Fund Approves First Gay Partner Award - 365Gay.com (Jan 23, 2003) Domestic Partner of 9/11 Victim Will Submit Compensation Claim - Gay Financial Network - April 2002 Gay Surviving Partners Take Legal Action - Gay.com - April 2002 Social Security Needs to Include All Families - Gay Financial Network - December 2001 Washington - Same-Sex Estate Rights Backed - Gay Financial Network - November 2001 Governor Orders Relief For Gay Survivors of 9/11- PlanetOut - October 2001 Gerald Ford: Treat Gay Couples Equally - Gay Financial Network - October 2001 After 9-11, Who is Legally Family? - Gay Financial Network - October 2001 Lesbian Partner Can Sue in Dog-Mauling Death - Gay.Com - July 2001 |
When a gay man or lesbian loses a partner, in addition to coping with grief, there are often added problems due to the lack of legal status of the relationship. The surviving partner may face challenges from the biological family of the deceased partner regarding matters such as funeral arrangements and disposition of property. The death may have caused the loss of income to the surviving partner. In families where there are children, survivor benefits may not be available if the deceased parent didn't have a legal relationship to the child, which may have otherwise been protected through a legal adoption. In cases where there has been an extended illness prior to the partner's death, the surviving partner may have already faced barriers in overseeing the partner's medical care. Many of these problems can be overcome by simply allowing gay and lesbian partners to obtain the legal status that is automatically granted to heterosexual couples when the government issues them a license to sanction their union. It is time for our government to grant full rights of citizenship to gay men and lesbians.
Information about Social Security Survivor Benefits from Human Rights Campaign (HRC) Although gay and lesbian Americans contribute to Social Security throughout their working lives, their families are denied the same benefits heterosexual Americans receive upon the death of a spouse. Specifically:
This loss of income can be substantial. For example, surviving partners who are 60 years old will lose an average of $9,780 a year – or approximately $166,000 if they live to the average life expectancy of 77. (Based on Social Security Administration calculations that Social Security survivor benefits averaged $815 per month in 2002.) If there are surviving children, the loss of income is potentially even greater. For example, when a working parent was denied the opportunity to establish a legal relationship to his or her child through second-parent adoption, that child will also be denied the right to Social Security survivor benefits upon that parent’s death. This could translate to a loss of $900 per month, or $10,000 per year, for a child whose parent worked for at least 10 years and earned at least $50,000 in the last year of his or her life. Human Rights
Campaign (HRC) Until lesbian and gay couples are granted the same marriage rights as heterosexual couples, we must find other ways to protect our families. If we fail to do so, the law may grant important rights and privileges to our biological family members, but not our lifetime partners, in times of crises, such as sickness or death.
Information Links from Human Rights Campaign:
Co-parenting agreement Domestic partnership agreement Donor agreement Durable power of attorney for finances Health care proxy Hospital visitation authorization Last will and testament Living will
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Any information or guidelines provided on this website about the status of state or federal laws are for information only. DO NOT rely on this information for determining your legal rights or status. Instead, seek legal advice from a qualified attorney. |
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