The Obama administration will not provide federal worker benefits to domestic partners under the Supreme Court ruling that overturned part of the Defense of Marriage Act.
Couples who are not legally married "will remain ineligible for most federal benefits programs," the Office of Personnel Management said. On the other hand, any existing benefits provided to domestic partners will remain intact, it said.
The move did not surprise experts in the legal and benefits communities.
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"Even if you are concerned about equality, this move doesn't strike me as the Obama administration acting in bad faith or doing less than it could do," said Stephen Sanders, an associate professor of law at Indiana University at Bloomington and an expert on the legal rights of gay people. "You can expect the Obama administration to continue to be very aggressive in making sure that all the federal meanings of marriage under the executive branch apply to same-sex couples who are legally married."
Sanders explained that while marriage is well-defined from state-to-state, what constitutes a domestic partnership or civil union often varies. In a handful of states, such as Illinois and Nevada, civil unions are considered the same as marriage.
"It probably would be a great advancement for equality and social justice if federal government recognized those unions as well," Sanders said.
For now, however, that's not the case.
The recent Supreme Court decision overturned Section 3 of the Defense of Marriage Act, which had prohibited the government from recognizing same-sex marriage for purposes of federal benefits programs. The 1996 law prevented same-sex spouses of federal workers from receiving coverage through their partners' plans.
The Obama administration, responding to the Supreme Court ruling, did go as far as making health, vision and dental benefits available to all same-sex spouses and children of legally married federal employees, even if they live in states where same-sex marriage is not yet recognized.
That means eligible same-sex couples living anywhere in the U.S. will qualify for federal-employee benefits as long as they possess marriage licenses from any of the 13 states that recognize same-sex marriage, as well as from the District of Columbia, which has also legalized such unions.
It remains unclear, however, how the Obama administration will treat same-sex couples and domestic partners outside the federal workforce, including on questions regarding Social Security, tax and veterans' benefits. The agencies that handle those programs have yet to issue guidelines on the subject.
"In those states that don't recognize same-sex marriage, this will absolutely bounce this issue back to the courts since it appears this may violate the equal protection clause," said Bruce Elliott, manager of compensation and benefits for the Society for Human Resource Management.
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