Obama's Decision to Stop Defending DOMA Has No Immediate Impact on Payment of Benefits to Same-Sex Spouses (2011)
On February 23, President Obama announced that the Defense of Marriage Act (DOMA), the 1996 legislation that bars federal recognition of same-sex marriage, is unconstitutional and directed the Justice Department to stop defending DOMA in court. In response to this announcement, Social Security Admistration Commissioner Michael J. Astrue says that this move will have no immediate affect on payment of benefits to same-sex spouses.
The following message was circulated to all Social Secuirty Administration employees on February 24, 2011:
A Message To All SSA And DDS Employees
Subject: Defense of Marriage Act
Yesterday, the President and the Attorney General announced that the Administration would no longer defend the constitutionality of the Defense of Marriage Act (DOMA) in court. Currently, the DOMA prohibits us from paying some types of benefits to individuals in same-sex marriages and from offering certain benefits to employees in same-sex marriages, although we have offered what we can under the law.
Anticipating the President might make this decision, last year I organized a senior-level group and charged them with two primary tasks: 1) to identify all of the systems changes that would be required if DOMA were repealed; and 2) to ensure all new systems could quickly and easily adapt to changes in DOMA.
However, it is important to understand that the law has not changed yet, and that under yesterday's announcement, we must continue to apply DOMA until this issue is decided in the courts. There is a range of possible outcomes for the litigation, and the timing of a final decision is unclear. As a result, there are no immediate changes to our current procedures for processing applications.
For now, the important thing to do is to prepare for dealing with some disappointed people who have misunderstood the implications of yesterday's announcement. I know I can count on all of you to respond respectfully.
We will update you as the various DOMA-related court cases progress.
Michael J. Astrue
Commissioner