Fact Sheet

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.

On September 17, 2013, the Department of Health & Human Services issued SHO # 13-006, guidance for State Health Officials and Medicaid Directors on implications of the Windsor ruling for Medicaid and the Children's Health Program (CHIP).

See Further Guidance from the Office of Personnel Management (OPM). The OPM has issued guidance on Family and Medical Leave Act (FMLA) protections for same-sex spouses. The Office of Government Ethics has issued guidance for federal employees with same-sex spouses, OGE, LA-13-10: "Effect of the Supreme Court’s Decision in United States v. Windsor on the Executive Branch Ethics Program."

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 demise of DOMA marks a turning point in how the United States government treats the relationships of married same-sex couples for federal programs that are linked to being married.

On August 9, 2013, the Acting Commissioner of the Social Security Administration (SSA) announced that SSA is now processing some retirement spousal claims for same-sex couples.

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 Department of Defense has issued information on implementation of the Windsor decision for same-sex military spouses.

The Department of Labor has issued additional guidance post-Windsor on the Family and Medical Leave Act. See Fact Sheet #28F: "Qualifying Reasons for Leave under the Family and Medical Leave Act."