US court recognizes lesbian widow’s Canadian marriage

Jean Tobits now eligible for survivor’s benefits in Illinois

A lesbian widow in Illinois has the right to survivor’s benefits after the death of her spouse, even though Illinois recognizes only civil unions, a federal court decided July 29, the Washington Blade reports.

Jean Tobits and Sarah Ellyn Farley were married in Canada before moving to Illinois, where Farley died of cancer in 2010.

According to the Obama administration’s interpretation of the US Supreme Court’s ruling on the Defense of Marriage Act (DOMA), Tobits should not be able to receive benefits because she was not married to Farley in Illinois — the couple had only a civil union.

But a US District Court ruled that civil union laws in Illinois are sufficient for the federal government to recognize Tobits and Farley’s Canadian marriage.

The ruling does not necessarily mean that all Americans with civil unions will be eligible for federal marriage benefits. It does, however, suggest that couples married in other jurisdictions can retain the full federal benefits of marriage, even in civil union states.

Niko Bell

Niko Bell is a writer, editor and translator from Vancouver. He writes about sexual health, science, food and language.

Read More About:
Power, Politics, News, Marriage Equality, Canada

Keep Reading

The new generation of gay Conservative sellouts

OPINION: Melissa Lantsman’s and Eric Duncan’s refusals to call out their party’s transphobia is a betrayal of the LGBTQ2S+ community

Over 300 anti-LGBTQ2S+ bills have been introduced this year. This doesn’t mean we should panic

OPINION: While it’s important to watch out for threats, not all threats are created equally. Some of these bills will die a natural death

Xtra’s top LGBTQ2S+ stories of the year

The best and brightest—even most bewildering—stories from a back catalogue brimming with insight

Elon Musk and Texas attorney general Ken Paxton are suing Media Matters. Here’s why queer and trans people should care

OPINION: When politicians and the rich leverage the power of the state to quell dissent, we all lose