ILNews

Same-sex couples ask Social Security Administration to recognize their Indiana marriage

Back to TopCommentsE-mailPrintBookmark and Share

A pair of Indiana same-sex couples who were married in June have asked the U.S. Social Security Administration to recognize their marriages.

The two couples –  Alice Hoenigman and Brittany Jones and Kendrel Cooper and Justin Bretz – were among the many who married in late June after Indiana’s marriage statute was ruled unconstitutional. The marriages stopped when the 7th Circuit Court of Appeals issued a stay.

Since then, both Hoenigman and Cooper filed papers in Marion County to change their last names to that of their respective spouses. However, both were told their requests were being put into a holding file until the state received guidance from the Social Security Administration.

In a letter, their attorney, Richard Mann, charged the refusal to allow Hoenigman and Cooper to take the surnames of their spouses interferes with their right to identify with their spouse.   

“Our clients’ marriages are worthy of federal recognition and they should not be forced to incur the cost and time in filing separate civil actions in order to effectuate their name change as it unjustly labels their marriage as second-tier,” Mann wrote. “Their spouses’ surnames can be derived from those names shown on their marriage certificates and like any opposite-sex marriage certificate should be considered acceptable evidence of their new name.”

The letter stated the Social Security Administration has a duty to process the name change of same-sex couples who were married in Indiana before the stay was issued. Mann asked, on behalf of his clients, that the administration issue a statement that it will recognize marriage records of same-sex couples from Indiana as well as other states.

Dated July 25, 2014, the letter was addressed to Carolyn Colvin, acting commissioner of the Social Security Administration, Marcia Mosely, regional commissioner for the Chicago Region of the Social Security Administration and the Indianapolis field office of the Social Security Administration.

Indianapolis-based Mann is the lead attorney in Bowling et al. v. Pence et al., 1:14-cv-0405, the same-sex marriage case that is still pending in the U.S. District Court for the Southern District of Indiana.      
 

ADVERTISEMENT

  • Same issue today
    I had the same issue occur today at my local social security office. They said they had no direction on this and it would be placed in a hold file. I don't know what steps to take at this point. My partner and I were legally married prior to the stay going into effect. Was there any resolution on this matter?

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT