Murphy v. Colvin

Lambda Legal filed suit against the Social Security Administration (SSA) on behalf of Kathy Murphy, a Texas widow denied spousal benefits after the death of her wife, and the National Committee to Preserve Social Security and Medicare (the National Committee), arguing that denying Social Security benefits to same-sex spouses because they live in states that discriminate against their marriages violates the U.S. Constitution.

Lambda Legal filed suit against the Social Security Administration (SSA) on behalf of Kathy Murphy, a Texas widow denied spousal benefits after the death of her wife, and the National Committee to Preserve Social Security and Medicare (the National Committee), arguing that denying Social Security benefits to same-sex spouses because they live in states that discriminate against their marriages violates the U.S. Constitution. The Supreme Court struck down federal discrimination against same-sex spouses last year in United States v. Windsor ; Lambda Legal argues that SSA cannot perpetuate the same kind of discrimination now and leave lesbian and gay spouses without the financial protections of social security as they age. SSA should not rely on discriminatory state marriage bans that have been declared unconstitutional by state and federal courts far and wide throughout the country as the basis to deny hard-earned spousal benefits.

For more than 30 years, Texas residents Kathy Murphy, 62, and Sara Barker shared their lives together.  Three decades after they first met, Kathy and Sara legally married in Massachusetts in 2010.  Like other married couples, they hoped to grow old together and to live out their retirement years in safety, security, and dignity.  Tragically, Sara lost her battle with cancer in March 2012 at age 62, leaving Kathy a widow. Because the couple lived in Texas, which refuses to recognize their marriage, SSA also won’t recognize the marriage, denying Kathy spousal survivor’s benefits earned by Sara over a life-time of work.

The National Committee, the organizational plaintiff in the case, is a Washington, DC-based advocacy organization dedicated to protecting Social Security for all generations and communities, including same-sex couples and their families. Kathy Murphy is a member of the National Committee.