The Online Resource for Massachusetts Poverty Law Advocates

Justice Department OKs Benefits for Lesbian Couple's Child

Date: 
10/16/2007
Author: 
U.S. Dept. of Justice

On June 9, 2008, U.S. Department of Justice released a 2007 opinion from the Office of Legal Council (OLC) that stated that the federal government will not recognize same-sex couples but can pay benefits to their children.According to the opinion, federal law does not prohibit the Social Security Administration from paying insurance benefits to the nonbiological child of a partner in a Vermont civil union. The decision is notable because the Defense of Marriage Act bars the government from extending federal benefits to gay and lesbian couples.

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