Social Security has issued new staff instructions dealing with situations where a claimant has married a person of the same sex in a foreign country where such marriages are legal but is now living in one of the United States that refuses to recognize such marriages. Social Security's position is that it will not recognize such marriages, that it must go by the law of the state in which the claimant is domiciled. However, Social Security is not ready to announce what it will do in the vastly more common case of a person who enters into a same sex marriage within the United States in one of the states where such marriages are legal but who then moves to another state which refuses to recognize same sex marriages. Social Security is still holding such claims waiting for the Department of Justice to tell them what to do.
I'm starting to wonder whether the Department of Justice is waiting for one of the Courts of Appeals to rule that state laws forbidding recognition of same sex marriages contracted in other states are unconstitutional. Maybe, Justice expects Social Security to just hold these claims for the next year and a half until the Supreme Court considers the issue.