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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT