The Cost of Marriage Inequality to Gay, Lesbian and Bisexual Seniors: A Human Rights Campaign Foundation Report

THE COST OF MARRIAGE INEQUALITYTO GAY, LESBIAN AND BISEXUAL SENIORSA Human Rights Campaign Foundation ReportJanuary 21, 2004Lack of Marriage License May Cost Tens of Thousands of Dollars When Partner Dies, Increases Risk of Losing One’s HomeMore than One in 10 Same-Sex Couples Include a Partner over 65,More than One in Four Include a Partner over 55 ____________________________________Lisa Bennett, Director of HRC’s FamilyNet ProjectHuman Rights Campaign FoundationGary J. Gates, Ph.D.Center on Labor, Human Services, and PopulationThe Urban InstituteHuman Rights Campaign1640 Rhode Island Ave., N.W.Washington, D.C. 20036-3278Phone: 202/628-4160www.hrc.org More than one in 10same-sex couplesinclude a partner 65years old or older.OVERVIEWWhen a gay, lesbian or bisexual senior dies, his or her surviving partner faces a financial loss that can amount totens of thousands of dollars because the couple cannot be recognized as legally married in the United States.Despite having paid taxes their whole lifetime at the same rate as other Americans, surviving partners are:1. Denied the Social Security survivor benefits that are made available to all married couples;2. Heavily taxed on any retirement plan – 401(k) or IRA – they inherit from their partners, althoughmarried spouses can inherit these plans tax-free; and3. Charged an estate tax on the inheritance of a home, even if it was jointly owned – a tax that would notapply to married spouses.Same-sex senior couples also are more likely than married heterosexual couples to still be making mortgagepayments on their home. This higher debt burden, combined with the financial losses that stem from beingunmarried, means that surviving partners may also be at greater risk of losing their homes upon the death of apartner than surviving heterosexual spouses.In addition, surviving partners whose name does not appear on the title of the home the couple lived in are atrisk of being forced out by the deceased partners’ next of kin who may claim ownership – a risk no survivingspouse would face under any circumstances.Gay, lesbian and bisexual seniors also are at significant risk of losing their home when an elderly partner entersa nursing home. This is because federal Medicaid law permits a married spouse to remain in the couple’shome when a husband or wife enters a nursing home – but it does not grant unmarried couples the sameright.AGING OF GAY, LESBIAN AND BISEXUAL COMMUNITYMore than one in 10 same-sex couples include a partner 65 years old or older, and nearly one in 10 couplesare comprised of two people 65 or older, according to Census 2000.1 Two thirds of these couples have livedtogether in the same house for five years or more, and more than four out of five own their home.2The proportion of same-sex couples that includes one or both partners 55 andolder is even higher. Nearly one in four same-sex couples include a partner 55years old or older, and nearly one in five couples are comprised of two people 55or older.3As is the case with married heterosexual senior couples, the greatest numbers of same-sex senior couples live inCalifornia, New York and Florida, while Illinois and Arizona also have significant numbers.The 10 counties with the greatest number of same-sex couples that include a partner 65 years old or older are:1. Los Angeles County, Calif.3,410 couples2. Cook County, Ill.2,1903. Kings County (Brooklyn), N.Y.1,4404. Broward County, Fla. 1,4155. Miami-Dade County, Fla. 1,2656. Palm Beach County, Fla. 1,1557. San Diego County, Calif. 1,1358. Queens County, N.Y.1,0909. Riverside County, Calif.1,08510. Maricopa County, Ariz. 1,070 There are many more same-sex couples that include a partner 55 years old or older – more than twice as manyin some counties. For example, the 10 most popular counties for couples that include a partner 55 or older are:1. Los Angeles County, Calif. 7,540 couples2. Cook County, Ill. 4,3403. Kings County (Brooklyn), N.Y.2,8454. New York County (Manhattan), N.Y.2,8155. Broward County, Fla.2,5606. Miami-Dade County, Fla.2,3707. San Diego County, Calif.2,2908. Riverside County, Calif.2,2309. Queens County, N.Y.2,13510. Maricopa County, Ariz.2,130The highest concentrations of same-sex senior couples, in comparison to all seniors, are in:1. San Francisco County, Calif.7.77* total of 8252. New York County (Manhattan), N.Y.5.731,0703. Riverside County, Calif. 5.54 1,0854. Broward County, Fla. 5.421,4155. Kings County (Brooklyn), N.Y.5.091,4406. Baltimore City, Md.4.66 4007. Polk County, Fla. 4.45 3958. Palm Beach County, Fla. 4.411,1559. Alameda County, Calif.4.40 65010. Philadelphia County, Pa. 4.40 940* Number of coupled same-sex seniors for every 1,000 adults aged 65 or older.Note: Census 2000 counts of same-sex unmarried partners should not be interpreted as an actual count of either theentire gay, lesbian and bisexual population or the same-sex coupled population of the United States. Counts of same-s