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New Mexico Officials Request to Right an Injustice Imposed on Same-Sex Couples

Senator Jacob Candelaria (D-26-Bernalillo)

  Commentary:  Senator Jacob Candelaria (D-26-Bernalillo) and Congresswoman Michelle Lujan Grisham (D-CD1) are requesting the Social Security Commissioner to correct the decision to deny same-sex widows and widowers survivor benefits. Same-sex couples who were in long-term relationships and shared financial resources, but were unable to legally marry, are being denied survivor benefits.

“As the first openly gay man elected  in New Mexico, I understand the pain same-sex couples experience when the state denies fundamental rights that the Constitution extends to all Americans,” said Senator Candelaria. “The federal government has made strides to correct discrimination against same-sex couples, but there is more that must be done.”

Anthony Gonzales was with his husband, Mark Johnson, for 16 years before the state recognized his right to marry. Only six months after they married, Mark Johnson passed away from cancer.

“The state forced Anthony Gonzales and Mark Johnson to wait 16 long years before they were allowed to legally marry and receive the protections granted to married couples,” said Senator Candelaria. “We cannot and should not allow them to be victimized a second time.”

Under current rules, widow and widowers who were not married nine months before their spouse died are denied survivor benefits. Same-sex marriage has been legal in New Mexico since 2013; therefore making an exception to the prohibition will apply to very few New Mexicans.