Fact Sheet

The Supreme Court victory in United States v. Windsor striking down the discriminatory federal Defense of Marriage Act (DOMA) affirms that all loving and committed couples who are married deserve equal legal respect and treatment from the federal government.

The Supreme Court victory in United States v. Windsor striking down the discriminatory federal Defense of Marriage Act (DOMA) affirms that all loving and committed couples who are married deserve equal legal respect and treatment from the federal government.

In March 2014, the Center for Medicare and Medicaid Services (CMS) issued guidance for same-sex spouses seeking or receiving Medicare. The Social Security Administration (SSA), which coordinates Medicare enrollment with CMS, will now process some applications for premium-free Medicare Part A based on a spouse’s work history.

On September 23, 2013, the IRS issued Notice 2013-61, providing guidance for employers and employees to claim refunds or adjust overpayments of FICA taxes and employment taxes with respect to certain benefits and remunerations provided to same-sex spouses.

1. Marriage Helps Couples Keep Their Commitments Marriage provides protections for couples who have made a lifelong commitment to take care of and be responsible for each other. Keeping those commitments is harder when couples are barred from marriage, especially in tough times, because they may be denied the right to:

Most employees in the United States see a “FICA” deduction — reducing their take-home pay — on every paycheck. FICA stands for the Federal Insurance Contribution Act. Those deductions are what employees pay into the federal Social Security system to fund benefits not only for retirement, but also for when a spouse dies or becomes disabled. The principal goal of these benefits is to provide a safety net, similar to life insurance.