Gonzales v. Berryhill

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Anthony Gonzales and his late husband, Mark Johnson
Anthony Gonzales and his late husband, Mark Johnson
Status: Open
Court:
U.S. District Court for the District of New Mexico
Issues: Anti-LGBT Rulings, Laws and Amendments, Marriage, Relationships and Family Protections, Seniors

Lambda Legal filed a motion on behalf of a 63-year-old gay man arguing that the Social Security Administration’s denial of spousal survivor’s benefits to him, on the grounds that he was not married for long enough despite marrying on the very first day when he was allowed to do so, is unconstitutional.

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The lawsuit filed on behalf of Anthony Gonzales, who was in a 15-year committed relationship with his husband, in the U.S. District Court for the District of New Mexico 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.