Will Congress Finally Pass Marriage Equality for Disabled Adults?
- Jessica Levey
- Jun 1
- 6 min read
Updated: 5 days ago
Hey Congress, it's 2025. It's way past time to get rid of marriage penalties for disabled adults!
Earlier this year, US Rep. Jimmy Panetta reintroduced a bill that would let disabled adults keep their Social Security and Medicaid benefits when they get married. Will this be the year that Congress finally passes marriage equality for disabled adults?
It’s definitely hard to stay optimistic with all the potential changes and challenges facing Medicaid this year. But let me give you some context on the topic before we talk about Panetta’s bill and similar legislation being considered.
What is the “SSI Marriage Penalty"?
(And what does it have to do with Marriage Equality?)
Currently, many adults who receive federal disability benefits will lose some or all of their benefits if they decide to get married. We call this the “SSI marriage penalty” because it effectively penalizes – or punishes – couples for getting married.
These lost benefits often include:
Monthly financial support called Supplemental Security Income (SSI), and
Essential medical insurance provided by Medicaid
Although losing these benefits would be harmful and even deadly for the people who rely on them, many people outside of the disability community don’t know this penalty exists.
So, why does this happen?
Why does the SSI marriage penalty exist? Many of the laws that govern disability benefits were written nearly 50 years ago and are incredibly outdated. They imply that legislators thought disabled people would never live full lives, date, get married, or start a family of their own.
Of course, that’s not true – disabled people do live full lives, and many do want to get married and start families! But because of the outdated laws, they’re forced to choose between marriage and life-saving benefits.
We can’t call a choice like that “marriage equality,” can we? But the right to get married is considered a fundamental constitutional right in the United States, protected by the Fourteenth Amendment. Disabled adults deserve the same marriage rights enjoyed by others!
More about H.R.1389 - Marriage Equality for Disabled Adults Act
That’s why Rep. Panetta and other supporters of true marriage equality for disabled adults keep introducing this type of legislation!
Panetta’s current bill, called “H.R.1389 - Marriage Equality for Disabled Adults Act”, would remove the requirement that Disabled Adult Children (DACs) who receive benefits must be unmarried; and keep these benefits from being canceled if a DAC marries. It also ensures gender neutral language in federal laws, to help protect same-sex couples who get married, and increase recognition and benefits protections for common law marriages.
H.R.1389 was introduced in February and referred to two committees, the Ways and Means Committee, and the Energy and Commerce Committee. So far, not much more has happened with the bill, although many people have spoken in favor of it.
Here’s the official summary for the bill, if you’re curious: Marriage Equality for Disabled Adults Act
"This bill eliminates certain marriage-related criteria for individuals entitled to Social Security child’s benefits and Supplemental Security Income (SSI).
Specifically, the bill removes the requirement that individuals receiving Social Security child’s benefits be unmarried. Those eligible for Social Security child’s benefits generally include the minor children of eligible or deceased workers and disabled adult children (the disabled adult children of such workers for whom the onset of disability occurred before age 22). Under current law, child beneficiaries generally lose their benefits upon marriage to an individual who is not also eligible for Social Security benefits.
With respect to SSI, the bill removes the requirement that couples who present themselves as married in their community be considered married for purposes of SSI eligibility. The bill also exempts SSI recipients who are disabled adult children, or who marry disabled adult children, from the general requirement that the income or resources of an SSI recipient’s spouse be considered in an eligibility determination.
Further, married disabled adult children and their spouses who would otherwise be eligible for Medicaid in a state if they were unmarried must remain eligible for Medicaid regardless of their marriage.” (See this quoted summary on Congress.gov)
What’s next?
Will this finally be the year the old laws are updated, giving disabled people equal access to marriage rights that other Americans enjoy? Well, as I mentioned above, Medicaid is facing so many challenges right now in general that it’s hard to be hopeful… Luckily, Panetta isn’t the only lawmaker trying to end these marriage penalties.
Here’s a quick look at some of the other disability marriage legislation that’s being considered this year:
This U.S. House bill would increase the amount of savings and assets disabled adults are allowed to have, and index this amount to inflation. That means that SSI recipients could save more, without risking their benefits. The current asset limit is $2,000 for individuals and $3,000 for married couples, and hasn’t been adjusted in 40 years! If passed, the new limits would be $10,000 for individuals and $20,000 for couples, allowing disabled adults the ability to create more financial stability in their lives without losing their necessary benefits.
This bill was introduced in April by Congressmen Danny Davis [D-IL-7] and Brian Fitzpatrick (R-PA-1), and has been referred to the House Committee on Ways and Means.
This is a companion bill to the one talked about above, H.R.2540, and would increase asset limits for SSI recipients. It was introduced in the U.S. Senate by Senators Catherine Cortez Masto (D-Nev.), Bill Cassidy (R-La.), and Senate Finance Committee Ranking Member Ron Wyden (D-Ore.).
This U.S. Senate bill would amend title XVI of the Social Security Act so that adults with intellectual or developmental disabilities don’t lose their SSI benefits when they get married. It was introduced by Senators Jerry Moran [R-KS] and Chris Van Hollen [D-MD] in January, and was referred to the Committee on Finance. So far, not much has happened with this bill since.
Read More About It: Sens. Moran, Van Hollen Introduce Legislation to Empower Individuals with Disabilities
This is a twin bill to the one above, that was introduced in the U.S. House of Representatives in February by Representatives David Valadao [R-CA], Suzanne Lee [D-NV], and Donald Davis [D-NC]. It was referred to the House Committee on Ways and Means, and not much has happened since.
This pair of resolutions were introduced so that state legislators in New Jersey could voice their support for ending marriage penalties for disabled adults. Lawmakers shared recent statistics about the number of disabled residents in the state, as well as a documentary called “Patrice: The Movie”, which focused on a couple living in New Jersey who can’t get married without losing their needed benefits. They focused on the fact that benefit laws haven’t been adjusted since 1989.
They also emphasized that “For decades, there has been Congressional interest in updating SSI asset limits. In 2021 the Senate Banking, Housing and Urban Affairs Committee considered a bill that aimed to raise the $2,000 asset limit cap for individuals and $3,000 for couples to $10,000 and $20,000 respectively. The bill also aimed to index the caps to inflation, so that the asset limits would be adjusted annually.”
This bill would increase the state’s supplemental income contribution to a married disabled adult. Although the increase won’t be much, it’s a step in the right direction. The bill is about 3/4 of the way through the process of being passed into law. It was introduced by Senator Mike Tipping (D-Penobscot) in March, was enrolled in April, and is pending enactment.
Share Your Story with The Accessible Aisle
Do you know of other state or federal legislation we’ve missed? Do you want to share your personal story with the SSI marriage penalty with us? Contact us!
Disclaimer: I do my best to research and fact-check everything I share here, but I’m not a lawyer or legal expert. This blog is meant to share helpful information and personal insights, not to offer legal or professional advice. Always double-check with a qualified professional if you're unsure.
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