Some Federal Agencies Still Don't Recognize Same-Sex Marriages

After the U.S. Supreme Court repealed key parts of the Defense of Marriage Act last year, most federal agencies adopted “place of celebration” policies under which any marriage that was legally recognized in the state where it took place would also be recognized by federal authorities. The Internal Revenue Service allows gay couples to file joint tax returns, the Department of Defense extends spousal benefits to same-sex couples, and the Federal Bureau of Prisons grants equal visitation rights.

Yet there are a few federal agencies that still won’t recognize some same-sex marriages. They include the Department of Veterans Affairs, the Social Security Administration, and the Railroad Retirement Board. Each is bound by statutory language dating back decades requiring them to defer to state laws in determining who counts as married. In June, Attorney General Eric Holder wrote in a memo that congressional action is required to address the gap, but Democratic proposals to do so have stalled.