Ely v. Berryhill

Find Your State

Know the laws in your state that protect LGBT people and people living with HIV.
Michael Ely and James “Spider” Taylor
Status: Open
Court:
U.S. District Court for the District of Arizona
Issues: Anti-LGBT Rulings, Laws and Amendments, Marriage, Relationships and Family Protections, Seniors

A lawsuit against the U.S. Social Security Administration (SSA) on behalf of a 65-year-old gay man seeking spousal survivor’s benefits based on his 43-year relationship with his husband, who died seven months after Arizona began allowing same-sex couples to marry. The lawsuit filed on behalf of Michael Ely in the U.S. District Court for the District of Arizona argues that SSA’s imposition of a nine-month marriage requirement for social security survivor’s benefits is unconstitutional where same-sex couples were not able to be married for nine months because of discriminatory marriage laws.

Read more