On June 26, 2015, the Supreme Court decreed that marriage equality for LGBT people was a constitutional right. That night, in front of the iconic Stonewall Inn and hundreds of revelers, Edie Windsor, marriage equality heroine, teamed up with SAGE to share a special message in light of the Court's decision. As she says, "by all means—go, get married! But before you do, learn how a marriage will impact you, both financially and legally. Put simply, talk before you walk." Watch the video and learn more about Talk Before You Walk in a letter Edie wrote below.
Letter from Edie Windsor
I am unequivocally proud to stand in celebration today with my friends and family at SAGE. Together, we salute our LGBT colleagues and allies whose leadership and tenacity have achieved this extraordinary moment. A new day has dawned - one in which I am humbled to have played a role through my own victory before the Supreme Court exactly two years ago. The pride and courage of the plaintiffs in Obergefell v. Hodges have brought the freedom to marry to all Americans.
By all means--go, get married! But before you do, learn how a marriage will impact you, both financially and legally. Put simply, talk before you walk. SAGE and I are partnering on a new campaign to make sure people, including LGBT older people, can find the information they need on marriage. Check outTalkBeforeYouWalk.org to find out what marriage may mean for you.
The momentum of this decision propels tomorrow's work forward. SAGE returns to the task at hand: ensuring that LGBT people can age with the safety, dignity, and affirmation that every human being deserves. The Supreme Court's decision amplifies my love and appreciation for SAGE's vital work -- because this work is the next step in our community's onward march toward equality for ALL.
Many don’t know that same-sex spouses in non-marriage states still don’t qualify for all the same federal benefits that their different sex counterparts enjoy, simply because they are married to someone of the same sex. This is an issue that comes up in the context of Social Security, Veterans Administration, and some Medicare benefits. And it is all the more important for LGBT older adults who face pronounced poverty and lack of access to culturally competent healthcare.
This topic is one that our Executive Director, Michael Adams, examines in detail with his latest op-ed Why Marriage Equality Matters for Older Americans. "Marriage has proven highly effective for improving the lives of many older people," and given the unique issues our LGBT older adult population face, marriage "could be even more beneficial for older same-sex couples than it has been for older straight couples."
"Incredibly, two years after the Supreme Court struck down the Defense of Marriage Act’s prohibition on federal recognition of same-sex marriages, some married same-sex couples are still being denied federal benefits especially important to older adults. This is because some federal agencies use the “place of domicile” rule to determine whether a couple is considered married. As a result, bereaved widows like Kathy continue to be denied Social Security survivors’ benefits because the state in which they live does not recognize their marriage."
With this is mind, SAGE is proud to endorse a bill, the ‘‘Social Security and Medicare Parity Act of 2015,’’ being introduced this week by Representative Mark Takano (D. CA), which would provide equal spousal and survivor benefits, create more flexible marriage tenure requirements, and require the Social Security Administration to engage in more outreach to LGBT older adults so that they are made aware of new or increased benefits.
In addition, SAGE, with the assistance of Jack Nadler as the lead lawyer from the firm Squire Patton Boggs, recently filed an amicus brief related to Obergefell v. Hodges. This historic case will be heard next week and allows the U.S. Supreme Court to determine whether the U.S. Constitution requires every U.S. state to issue marriage licenses to same-sex couples, and to recognize marriages of same-sex couples lawfully performed in any other state. SAGE filed the brief with the National Committee to Preserve Social Security and Medicare, Justice in Aging, National Hispanic Council on Aging, and the American Society on Aging. To learn more about the brief and our four major arguments, click here.
SAGE, with the assistance of Jack Nadler as the lead lawyer from the firm Squire Patton Boggs, recently filed an amicus brief (friend of the court brief) related to the upcoming marriage cases that the Supreme Court will hear on April 28, 2015. SAGE filed the brief with the National Committee to Preserve Social Security and Medicare, Justice in Aging, National Hispanic Council on Aging, and the American Society on Aging.
In this brief, SAGE made four major arguments:
Excluding same-sex couples from marriage deprives them of access to federal, state, and private benefits that are especially important for older adults;
denial of the right to marry deprives older same-sex couples of the intangible benefits that marriage provides to older different sex couples;
allowing older different sex couples to marry despite being non-procreative, while forbidding older same-sex couples from marrying because they are non-procreative, is self-evidently irrational; and
older same-sex couples should not have to wait any longer to enjoy the benefits of marriage.
Our hope is that our unique aging lens will provide a compelling view of marriage to the justices – and that perhaps – our brief will make a difference in bringing us closer to the day when same-sex couples can age with access to benefits, services, and supports, equal to their different sex counterparts.
It’s never too late to celebrate love! After more than a decade together, SAGE Participants Ray Mahoney, 66, and his partner Eduardo Saurez, who is 86, were married on October 12, 2014 in Tulsa, Oklahoma.
Eduardo Saurez, Serena Worthington, SAGE’s Director of National Field Initiatives, and Ed Mahoney
Ray and Eduardo met by chance, or “destiny” as Ray says, at a local food store one day. Ray remembers being struck by how tall Eduardo was. And Eduardo was impressed by Ray too, so he asked Ray for lunch the next day, and they immediately hit it off.
They love a good road trip and have seen a lot of the country in their years together. Ray remembers traveling to see a space shuttle launch in Florida, only to have a rain storm roll in and delay the big event. They’ve also visited Memphis, where they took the Civil Rights tour and visited Graceland. Visiting Nashville is also a fond memory for Ray, who says “It’s a fun town—there’s a party going on everywhere you go!”
The idea of getting married was initially proposed by Eduardo, who says, “I had to persuade him! But I didn’t argue with him.” Once the decision was made, the ceremony was performed by Toby Jenkins, executive Director for Oklahomans for Equality. The happy couple celebrated afterward at SAGE Tulsa with friends, food, and their favorite music.
A theme emerges consistently in conversations about marriage with Ray and Eduardo: security. They both feel a sense of relief knowing that they’re now legally protected and won’t be separated if they have to go into a nursing home or assisted living facility. Without children or other family members nearby, they are each other’s primary safety net.
Ray’s sister Louisa has been supportive of him, but wasn’t encouraging about the wedding at first, saying “you can always back out”. Despite that, Ray and Eduardo show no signs of splitting up. When faced with marital arguments, they’ll tell you they don’t fight—Ray jokes “you don’t argue with the judge!” They tease each other, and Eduardo says they “kid around a lot, but [we] don’t insult each other.” They agree that mutual respect is the key to their success as a couple.
Eduardo is grateful for the protection of marriage, saying that “If I pass away, whatever money we have, goes to each other. I thank God that we trust each other and get along fine!”
Ray shared a portion of his wedding vows to describe his feelings about getting married, saying that “Nothing can equal having someone to be sure of, having someone to believe in, to share a good life with. At the end there are neither riches nor fame, only past remembrances of the few people we’ve shared spiritual unions with.” He added that “If you live your whole life and you find one person you can believe in and trust, you’ve done something!”
Cheers to Ray and Eduardo! May they have many more adventures together.
Storytelling is an integral part of SAGE's national work and we use our SAGE Story program to strengthen the storytelling skills—and draw on the unique life experiences of—LGBT older adults to diversify the public narratives on aging, long-term care and LGBT rights. One storyline that continues to resonate in our community is that of love, committment and, sometimes, marriage.
SAGE continues to lead federal efforts to improve the lives of LGBT older people, alongside our national partner organizations in the LGBT and aging fields. This summer, we collaborated with other advocates to win Medicare coverage for transgender older people, FMLA benefits for same-sex couples and an executive order that extends more protections to LGBT people. Learn more about new federal policy updates below.
Executive Order to protect LGBT Workers SAGE was privileged to be in the room with President Barack Obama on July 21, when, with the stroke of a pen, he put in place protections that will help millions of lesbian, gay, bisexual and transgender (LGBT) older adults. In the executive order that he signed that day, he ensured that transgender federal workers are protected against job discrimination based on gender identity. He also ensured that LGBT employees of federal contractors will be protected against discrimination, which, according to the UCLA’s William’s Institute, protects 34 million of these workers today. Many LGBT older adults, after facing a lifetime of discrimination and lower earnings across the lifespan, continue to workto maintain their economic security. We welcome the news that this generation--who fought to help many LGBT people out of “the closet”--will be able to bring their full selves to work, at more workplaces, without fear of discrimination.
Medicare Will Cover Transition-Related Care In May, the U.S. Department of Health and Human Services (HHS) Department Appeals Board (DAB), an independent federal appeals board, ruled that Medicare must cover medically necessary care for individuals with gender dysphoria, just as it does for those with other medical conditions. In short, Medicare will now cover transition-related care for transgender older adults. SAGE applauds our advocacy partners—GLAD, the ACLU, Lambda Legal, and NCLR—for their tireless advocacy on this issue. It was a life-changing victory for transgender older adults, who are finally on a more level playing field with other Medicare recipients.
Family and Medical Leave Act (FMLA) Benefits Extended to Same Sex Spouses The 1993 Family and Medical Leave Act (FMLA) allows eligible employees to take 12 weeks of leave from their jobs without pay for family and medical reasons. With the Windsor decision in place (the Supreme Court case that cleared the way for the federal government to recognize same-sex marriages), the Department of Labor (DOL) announced in August 2013 that it would recognize same-sex marriages, but only those of couples who live in a state that recognizes their marriage. In June of this year, the DOL announced a proposed “place of celebration” rule, meaning regardless of where a couple lives or moves, the DOL would recognize that same-sex marriage for FMLA purposes. If and when the rule becomes final, it would ensure that LGBT individuals who take professional leave to care for a sick spouse will enjoy job security—and a little more peace of mind.
With the Windsor decision in hand, President Obama directed the Department of Justice (DOJ) to review every federal law, rule, policy and practice implicating marriage. On June 20, 2014, nearly a year after the date of the Windsor decision, DOJ completed its comprehensive, year-long review, providing guidance to federal agencies on Windsor implementation. What does this mean? According to the review, all federal agencies have now implemented Windsor, meaning they are treating married same-sex and opposite-sex couples the same, to the fullest extent possible, under the law.
But what about Social Security benefits for same-sex couples? Here are a few points to help answer this complex question:
If you are married and living in a state that recognizes marriage equality, generally speaking, SSA (the Social Security Administration) will recognize your marriage.
If you are in a Civil Union or Registered Domestic Partnership and living in a state that provides those forms of relationship recognition, generally speaking, SSA is going to recognize your relationship as if you were married.
If you are married and were living in a state that recognizes marriage equality when you applied for Social Security benefits, or while your application was pending, SSA will honor your marriage even if you move.
If, however, none of the above apply (for example, if you’re married but have always been living in a state that does not recognize marriage equality), you will not receive spousal SSA benefits. For example, if you have always been living in Biloxi, Mississippi, but flew to Washington, DC, just to get married, SSA will not recognize your marriage.
One final important message on this issue: regardless of where you live, we recommend you apply for spousal Social Security benefits, as new or increased benefits will be granted retroactively. If the law changes through legislation or litigation, you should get SSA benefits retroactive to the date of your application.
On the occasion of Social Security’s 79th birthday on August 14th, we had a conversation with Congressman Mark Takano (D-CA) about how the Windsor decision impacted Social Security benefits for older adults. Last month, Takano introduced the Social Security and Medicare Parity Act, which would help couples in non-marriage states qualify for benefits even if the state they reside in doesn’t recognize the marriage.
Why is Social Security such an important program for older adults?
Millions of Americans contribute to Social Security during their working years and deserve to receive the benefits they have earned to help them manage their retirement. With the decline of defined benefit pension plans, Social Security benefits are a becoming even more of a lifeline for seniors from all walks of life. No senior should be denied these full benefits because of who they love.
Aren’t many LGBT older adults very well-off? Do they even need Social Security? In other words, why is Social Security so important for married same-sex couples?
The myth that LGBT seniors are better off is patently false. Statistics show that a lifetime of discrimination actually hurts earning power, makes LGBT seniors less likely to have a spouse’s income they can count on, and less likely to have children to help care for them in their old age. LGBT couples, just like all other Americans, have paid into Social Security and Medicare and deserve to receive the benefits they have earned in their retirement.
Didn’t the Windsor decision ensure that the federal government would treat married same-sex couples equally, regardless of where they live in the United States?
The Windsor decision was an historical day that paved the way for equal rights for all Americans no matter who they love. However, Windsor could not change everything overnight. While it overturned section three of the Defense of Marriage Act, the Department of Justice just concluded a year-long review of what the decision means for other federal statutes. While I and others continue to believe that the Social Security Administration has the discretion to provide spousal and survivor benefits regardless of where a same-sex couple lives, the Justice Department and the Social Security Administration have concluded that eligibility for benefits be based on the state in which the couple resides. That means that couples living in non-marriage states are still prevented from getting the benefits they have earned.
Can you please explain what issues married same-sex couples who live in non-marriage states currently face?
Not only are couples in non-marriage states ineligible for certain Social Security and Medicare benefits, but a whole other host of federal benefits and protections. They don’t yet qualify for family medical leave to take care of a sick spouse, and veterans and their spouses don't receive the same spousal and survivor benefits as heterosexual couples.
Family illness can cause tremendous stress for caretakers, both physically and emotionally. The Family Medical Leave Act (FMLA) of 1993 addresses this issue directly by entitling eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons.
Millions of Americans have benefited from these provisions, but for many LGBT workers these benefits have historically been inaccessible as the government has not recognized their relationships. This challenge is exacerbated for older LGBT adults, who face striking health disparities: increased risk for certain cancers, a greater likelihood of delaying medical care, and higher rates of chronic mental and physical health conditions, including HIV/AIDS.
Given these historic challenges, today’s announcement by the U.S. Secretary of Labor marks a tremendous victory for LGBT older adults.
The announcement from Secretary Thomas E. Perez proposes a rule “extending the protections of the Family and Medical Leave Act to all eligible employees in legal same-sex marriages regardless of where they live.”
This means that same sex spouses married in any state would have access to the same benefits as their heterosexual counterparts—regardless of where they live. So a couple married in Massachusetts but living in a state which does not recognize their marriage would still be covered by the protections provided by the FMLA.
According to today's statement from the Department of Labor:
Secretary Perez is proposing this rule in light of the Supreme Court’s decision in United States v. Windsor, in which the court struck down the Defense of Marriage Act provision that interpreted “marriage” and “spouse” to be limited to opposite-sex marriage for the purposes of federal law.
The basic promise of the FMLA is that no one should have to choose between succeeding at work and being a loving family caregiver,” said Secretary Perez. “Under the proposed revisions, the FMLA will be applied to all families equally, enabling individuals in same-sex marriages to fully exercise their rights and fulfill their responsibilities to their families.
The extension of these benefits to same sex spouses will make a significant difference in the health and well-being of LGBT older adults across the United States—regardless of where they live.
To read the full text of the announcement, visit the Department of Labor’s web site online here.
In honor of February being African American History Month, SAGE will be highlighting our diverse programs, constituents and stories relevant to black aging. Check back for featured stories every Tuesday, with additional posts throughout the month.
Our stories connect us and allow us to share common bonds through the use of words, pictures, music and video. Today, we would like to share stories from four African American women from around the country. Each of their voices and stories are different, but all share the desire for recognition and hope for the future. If you have a story to share, please tell us by visiting our SAGE Story portal on the SAGE website.
Cheryl & Elizabeth, SAGE Wilmington of the Cape Fear Coast, North Carolina The two tell us about how despite growing up in faith-based traditions that did not affirm their being lesbians, they somehow met at church. They explain how their faith joined them together and how 10 years later, they are still together and still in church and are accepted in their community!
Frances, SAGE Harlem, New York City Frances, 72, is a lover of Zumba and food! She shares her experience of having a stroke and how her lover of 20 years was so supportive and caring of her in the hospital. She wants women to know that they have the power and strength to get better after a debilitating situation such as herself. Listen to her story, recorded in 2013 for SAGE Story, below.
Helena, SAGE Center on Halsted, Chicago Helena, a transgender older adult diagnosed with HIV, shares her powerful story in a wonderful essay. She writes, "the most important thing I learned in accepting myself as transgender and also living with HIV/AIDS was about stigma. I realized that my fear of disclosing my HIV/AIDS status was extremely unhealthy and only contributed to my loneliness and isolation, and would cause me to indeed die faster." Read an excerpt below and the whole story here.
My name is Helena and I am a 60-year-old transgender female living with HIV. I am not a victim. An HIV/AIDS diagnosis is NOT a death sentence, but is similar to living with breast cancer or diabetes, which through some lifestyle changes, are manageable diseases.
I was diagnosed with HIV and AIDS in 2002, and was told I would not live more than six months, and at best, a year. Along with my doctors, I believe that I was a "late tester," meaning because I was diagnosed with AIDS—a late stage infection—and not HIV, I likely contracted HIV 15 to 20 years before showing any sign or symptoms. Because people can carry HIV/AIDS asymptomatically, it is important to be tested on a regular basis to avoid a late test and spreading the disease.
In 1993, the Vienna Declaration and Programme of Action was adopted at the World Conference on Human Rights. This declaration reaffirmed the Universal Declaration of Human Rights and the United Nations Charter and remains a blueprint for reaffirming human rights as a universal standard throughout the world. Today is International Human Rights Day and the U.N. is marking the 20th anniversary of the Vienna Declration. We recognize this day for its affect on promoting all freedoms--civil, political, economical, social and cultural--under a large umbrella. While sad, it almost seems appropriate that this day also marks the memorial to Nelson Mandela--that tireless fighter for human rights.
On this day, many are making a call for renewing a committment to LGBT rights. While we have much to celebrate in 2013, there is still progress to be made, both in the United States and around the world.