The Supreme Court Decision Same Sex Marriage Will Have A Significant Impact On Some Pennsylvania Seniors

Any day now, the United States Supreme Court will rule on the legality of DOMA. They will also rule on the constitutionality of California’s Proposition 8. The decision will have a profound impact on the estimated 3.5% of Pennsylvania seniors who identify themselves as either gay or lesbian.

If a couple is legally married under federal law, each spouse may draw Social Security benefits based upon the earnings record of the other. Even if the couple divorces, the right attaches if they remained married ten years. One spouse may also obtain Medicare coverage based upon the marriage.

Even if a same sex couple marries in those states that permit it, or enters into a civil union in states where it is legal, they cannot draw Social Security benefits based upon the earnings of their partner. This is a result of DOMA.

One of the clients of our firm was a party to a twenty year “same sex” relationship where the other person was the primary wage earner. As often happens, death came unexpectedly. One partner left the house to tend the garden at 9 a.m. By noon, following a cardiac arrest, she was deceased. The surviving partner not only had to pay a 15% Pennsylvania Inheritance tax on 50% of the property the couple jointly owned, but she also lost the monthly Social Security payment they had been sharing. Although the deceased partner could designate a beneficiary after paying into her life insurance policy, I.R.A., or 401(k) plan at work, she could not do the same for her Social Security benefits. As a consequence, the surviving partner had to sell the house and move to a subsidized living space. On the other hand, the Pennsylvania Inheritance Tax rate for a heterosexual couple is 0%, and a surviving spouse is entitled to benefits under Social Security. Somewhat like Proposition 8 in California, Pennsylvania has a statute at 23 Pa. C.S.A. 1704 that limits recognized marriages to heterosexual couples.

I attended Catholic school for 19 years. I sincerely appreciate the education I received, the coaching at the C.Y.O.,the friends I made, and the opportunity I had to do some public service work for the church. Some of my closest friends and favorite clients are Catholic. I will not equivocate on my feelings and I am a proponent of legalizing same sex marriage. I reach my conclusion based upon the experiences of our firm’s clients and upon the teachings and morals instilled during my 19 years of Catholic education where we were taught to be compassionate, to love our neighbor and share with the less fortunate.

Obviously there is another side to the argument or the issue would not be in front of the U.S. Supreme Court, would it?  How do you feel about the issue? Would you like to predict how the Court will rule in a few days on DOMA and/or Proposition 8?

Stay well until the next post. 

Bob Gasparro

Bob Gasparro is an Elder Practitioner (accountant and attorney). He can be reached at Robert.Gasparro@lifespanlegal.com or (484) 297-2050. Comments to this post, and ideas for future posts are welcome.