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Florida Gay Marriage Plaintiff Wins Spouse’s Social Security Benefits

Arlene Goldberg
Arlene Goldberg and Carol Goldwasser

The Social Security Administration agreed to fully recognize a Fort Myers woman’s gay marriage. And it has given her thousands of dollars in back pay for spousal benefits Florida had delayed.

Arlene Goldberg was one of the plaintiffs in the 2014 lawsuit brought by the American Civil Liberties Union of Florida challenging the state’s ban on same-sex marriage. Her late wife Carol Goldwasser passed away two years ago. They had been married in New York in 2011 after being together for 47 years. Because Florida did not recognize their marriage, Goldberg could not get Goldwasser’s Social Security survivor’s benefits.

The ACLU came to Goldberg’s aid again. She said suddenly last week her

checking account got a lot bigger when a large deposit appeared.

“I was ecstatic,” said Goldberg. “I feel different. I feel like Carol left me something. For life. And I got back pay. Because I was using my savings to live day to day and I didn’t have to do that anymore.”

Goldberg said she knows at least five other same-sex couples who were married outside of Florida, but were recognized in Florida as married  where one partner has passed away and the widowed partner is not yet able to receive spousal benefits.  She suggests people call the social security administration and tell them a precedent has been set.

A U.S. District Judge struck down Florida’s marriage ban taking effect in January 2015. A request for final judgment in the case is still pending.