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 (DOMA) prohibits federal recognition of these unions for purposes of federal enactments. Some federal employees and Members of Congress argue that same-sex partners of federal employees should have access to benefits afforded married, opposite-sex couples.
No legislation addressing same-sex partner benefits has been introduced in the 112th Congress. But companion bills that sought to extend certain benefits to the same-sex partners of federal employees and annuitants were 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. Neither bill was enacted.
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.
The executive branch has 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 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.
The Administration has also decided not to defend certain sections of DOMA in two pending lawsuits. On February 23, 2011, Attorney General Eric Holder announced that the Department of Justice would no longer “defend the constitutionality” of Section 3 of DOMA , which defines marriage for federal purposes as only between a man and a woman. On that same day, White House Press Secretary Jay Carney said that enforcement of DOMA as applied to existing federal policies would continue.
This report examines the current policies on the application of benefits to same-sex partners 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: March 3, 2011
Number of Pages: 31
Order Number: R41030
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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 (DOMA) prohibits federal recognition of these unions for purposes of federal enactments. Some federal employees and Members of Congress argue that same-sex partners of federal employees should have access to benefits afforded married, opposite-sex couples.
No legislation addressing same-sex partner benefits has been introduced in the 112th Congress. But companion bills that sought to extend certain benefits to the same-sex partners of federal employees and annuitants were 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. Neither bill was enacted.
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.
The executive branch has 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 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.
The Administration has also decided not to defend certain sections of DOMA in two pending lawsuits. On February 23, 2011, Attorney General Eric Holder announced that the Department of Justice would no longer “defend the constitutionality” of Section 3 of DOMA , which defines marriage for federal purposes as only between a man and a woman. On that same day, White House Press Secretary Jay Carney said that enforcement of DOMA as applied to existing federal policies would continue.
This report examines the current policies on the application of benefits to same-sex partners 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: March 3, 2011
Number of Pages: 31
Order Number: R41030
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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