Social Security isn't done with same sex marriage issues. Some cases dealing with exactly when a marriage is recognized to have existed are still working their way through the system. I'm not sure about this case, however. The bigger problem here may have to do with how long the two were married before one of them died, a problem which has nothing to do with this being a same sex marriage, other than that they might have gotten married earlier but the law didn't allow it. Marriages have to last at least nine months for a person to be considered a widow or widower unless the death was unexpected and the death was very much expected in this case.