Federal Employee Benefits and Same-Sex Partnerships

Wendy R. Ginsberg
Analyst in Government Organization and Management

The federal government provides a variety of benefits to its 8 million employees and annuitants. Among these benefits are health insurance; enhanced dental and vision benefits; survivor benefits; retirement and disability benefits; family, medical, and emergency leave; and reimbursement of relocation costs. Pursuant to Title 5 U.S.C. Chapters 89, 89A, 89B, and other statutes, millions of federal employees may extend these benefits to their spouses and children. An estimated 34,000 federal employees are in same-sex relationships, including state-recognized marriages, civil unions, or domestic partnerships. 

The Defense of Marriage Act prohibits federal recognition of these unions for purposes of federal enactments. Some federal employees and Members of Congress argue that the same-sex partners of federal employees should have access to benefits afforded married, opposite-sex couples. 

To this end, companion bills that would extend certain benefits to the same-sex partners of federal employees and annuitants have been introduced in the 111th Congress. On May 20, 2009, Senators Joseph Lieberman and Susan Collins introduced S. 1102. That same day, Representative Tammy Baldwin introduced H.R. 2517. S. 1102 was referred to the Senate Committee on Homeland Security and Governmental Affairs, and ordered to be reported favorably on December 16, 2009. H.R. 2517 was referred to three different committees: the House Oversight and Government Reform Committee, the House Administration Committee, and the House Judiciary Committee. On January 22, 2010, the House Oversight and Government Reform Committee reported the bill, as amended. On January 29, 2010, H.R. 2517 was automatically discharged from the House Administration and Judiciary Committees pursuant to a deadline set by the Speaker of the House. 

The executive branch has also taken action on the issue of extending benefits to same-sex spouses of federal employees and annuitants. On June 17, 2009, President Barack Obama issued a memorandum directing executive agencies to extend benefits to the domestic partners of federal employees within the authority of existing law. On July 10, 2009, Office of Personnel Management Director John Berry issued a memorandum directing executive-branch agencies to review all benefits offered to employees who are married to someone of the opposite gender. The agencies were directed to determine whether the benefits listed were or could be extended to the same-sex domestic partners of federal employees. 

On December 17, 2009, the Congressional Budget Office released its cost estimate of H.R. 2517, stating that enacting the legislation "would increase direct spending by $596 million through 2019" and discretionary spending would increase $302 million over the same period of time. 

On June 2, 2010, President Obama released a second memorandum that extended specific benefits to the same-sex partners of federal employees, including coverage of travel, relocation, and subsistence payments. 

This report examines the current policies on the application of benefits to same-sex partners, analyzes the bills currently pending in the 111th Congress, and reviews the policy debate on extending benefits to same-sex partners. This report is about federal benefits for same-sex partners and not about same-sex relationships in general. .


Date of Report: June 24, 2010
Number of Pages: 30
Order Number: R41030
Price: $29.95

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