Why We need Marriage Equality

1138 Federal Rights

It's all about who you marry. Here are 35 of the 1138 federal rights and privileges that the U.S. Government gives to unions of one man and one woman.

For more information, read the updated GAO report (PDF, 296 KB) with the full list of 1138 Federal statutory provisions "in which marital status is a factor in determining or receiving benefits, rights, and privileges." You can also view the original 1997 Report (PDF, 479 KB) created for Rep. Henry J. Hyde.



Access to Social Security after spouse's death
Access to health insurance through spouse's workplace
The right to custody of children after divorce
Visitation rights for non-biological children
Joint parenting rights, such as access to children's school records
Bereavement leave after death of a spouse
Burial determination after the death of a spouse
Domestic violence intervention
Sick leave to care for spouse or non-biological child
Legal validation of a long-term relationship
Ability to live in neighborhoods deemed "families only"
Access to life insurance in spouse's workplace
Access to survivor benefits in case of emergency
Access to spouse's crime victims' recovery benefits
Ability to file wrongful death claims
Right to shared property, child support, and alimony after divorce
Ability to file joint home and auto insurance policies
Joint rental leases with automatic renewal rights if spouse dies or leaves
Access to adopting children
Automatic inheritance of share assets after spouse's death
Automatic inheritance of retirement savings tax-free after spouse's death
Automatic exemption of property tax increases on shared assets gained after spouse's death
Ability to file joint tax returns
Access to tax breaks for married couples
Veterans discounts based on spouse's armed forces status
Assumption of spouse's pension after death
Ability to file joint bankruptcy
Ability to collect unemployment benefits after leaving a job to relocate because of spouse's job move
Ability to transfer property from one spouse to another without transfer tax consequences
Access to fostering children
Automatic next-of-kin status for emergency medical decisions and hospital visitation status
Immigration and residency priority for spouses from other countries
Ability to invoke spousal privilege in a court of law
Access to reduced rate memberships at health clubs, social clubs, organizations
Prison visitation rights