Marriage Equality For Disabled Couples
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In a post-Obergfell v. Hodges world, the idea that marriage equality has not been fully realized seems absurd, but for disabled LGBTQIA+ people that is still the case. According to LGBTMap.org [i] “current estimates suggest there are between 9-11 million LGBTQIA+ adults in the United States. If approximately one in four have a disability, we estimate there are between 3-5 million LGBT people with a disability.” According to the Disability Rights Education & Defense Fund [ii], “over 8 million Americans rely on disability benefits, such as Supplemental Security Income (SSI) or Disabled Adult Child (DAC) for their healthcare and to meet other basic needs.” These benefits give disabled people the ability to hire in-home healthcare aids or the ability to modify their vehicles to suit their needs (like adding wheelchair ramps) or simply paying for medicine. However, disability benefits can be lessened or even fully lost upon marriage. This means that for 3-5 million Americans marriage equality has not been realized. For true marriage equality to be reached in this country, disabled LGBTQIA+ individuals need to be allowed to marry without the fear of losing their SSI or DAC benefits.
In 2024, the SSI amount for an individual is $943. Likewise, the amount for a couple on SSI is $1415. Things get complicated because SSI payments can be affected by a myriad of reasons. The Social Security Administration (SSA) stipulates that “for every $2 you earn from work, we reduce your SSI payment by about $1. Work includes: a job, self-employment, and any activity that earns money. For every $1 you get from non-work sources, we reduce your SSI payment by about $1. Non-work sources include: disability benefits, unemployment payments, pensions. [iii]” It goes on to say that “if you live with a spouse, their income may affect your payment.” This means that if someone on SSI wanted to get married they would risk losing the lifesaving and necessary funds they rely on. The cost of love should never be that high.
In September 2023, a demonstration was held on the National Mall in Washington D.C. to show the double standard. The event, called “Disabled Marriage Equality Now: Commitment Ceremony & Dance Party in DC!, [iv]” The event saw 20 couples come together to recite commitment vows on the National Mall. The event had over 100 people in attendance, around 80 outside of the 20 couples all united in support of disabled marriage equality. While this event was not specifically aimed at marriage equality for LGBTQIA+ people specifically, the message still very much applies.
In January 2022, Rep Jimmy Panetta of California introduced H.R.6405, or the Marriage Equality for Disabled Adults Act. The bill would “eliminate the requirement that a DAC beneficiary be unmarried, eliminate the rule that removes DAC benefits should a beneficiary marry, change Social Security rules about common law marriages, and ensure that when a DAC beneficiary marries another disabled person, both spouses can still receive SSI and Medicaid as if they were unmarried. [v]” The bill was then sent to committee where it unfortunately remains.
However, in 2024, Rep RaĂºl Grijalva of Arizona introduced H.R.7138 or the Supplemental Security Income Restoration Act of 2024. This bill would “eliminate 25% asset penalty for married people receiving SSI, increase SSI asset limits to $10,000 if unmarried [or] $20,000 if married, eliminate 25% stipend penalty and spousal deeming of income, end the “holding out” rule for SSI [and,] end consideration of in-kind support & maintenance. [vi]” This bill would be a monumental step towards achieving disability equality. Organizations like Disability Rights Education & Defense Fund and the National Disability Rights Network are at the forefront of the fight with their programming and other resources that they provide.
So where do we go from here? The best form of action you can take is to get in touch with your representative and urge them to vote in favor of the Supplemental Security Income Restoration Act of 2024 or simply H.R 7138. As Disabled Marriage Equality Now: Commitment Ceremony & Dance Party in DC! participant Steve Way said, “Everyone should have the right to get married without compromising their health and safety. [vii]”
[i] https://www.lgbtmap.org/file/LGBT-People-With-Disabilities.pdf
[ii] https://dredf.org/marriage-equality/
[iii] https://www.ssa.gov/ssi/amount
[iv] https://www.nytimes.com/2023/09/15/fashion/weddings/disabled-couples-marriage-equality-rally.html
[vi] https://dredf.org/2022/08/22/supplemental-security-income-ssi-and-the-25-percent-marriage-penalties/
[vii] https://www.nytimes.com/2023/09/15/fashion/weddings/disabled-couples-marriage-equality-rally.html
By Rebecca Salkin, Digital Media Intern
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